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2013 Supreme(Del) 277

High Court of Delhi
REVA KHETRAPAL, JJ.
Surjeet Singh & Another
Versus
Delhi Development Authority & Another
W.P.(C) 5885 of 2012 & CM No. 12120 of 2012
Decided on : 07-03-2013

Advocates appeared:
For the Petitioners:Anil Sapra, Sr. Advocate with Sandeep Sharma, Ms. Kanika Singh, Advocates.
For the Respondents:R1 & R2, Ms. Shobhana Takiar, Advocate.

Headnote:

Delhi Development Authority (Disposal of Developed Nazul Land), Rules, 1981 - Direction to hand over possession of originally allotted plot - Petition for issuance of a writ to the Respondents to quash the impugned letter whereby the decision to withdraw stated plot was communicated to the Petitioners and also for directing the Respondents to allot the said plot - Respondent/DDA informed the Petitioners that the competent authority had decided to withdraw the earlier allotments of plot and had approved the allotment of an alternative plot measuring 200 sq. yards - Petitioners alleged that the withdrawal of the earlier allotment of plot and subsequent allotment of the aforesaid plot was bad in law, illegal and arbitrary, malafide, unwarranted and wholly without jurisdiction and liable to be set aside - Stated deceased was not uprooted once but twice & the allotment of an uninhabitable alternative plot to him appeared to be wholly unjustified - Held: Present was not a commercial matter and malafides were writ large in the decision of the Respondent Authority in arbitrarily cancelling the allotment already made to the Petitioners and to allot to them instead an uninhabitable plot with no approach road and other facilities - Petitioners entitled to the relief prayed for by them - DDA directed to hand over to the Petitioners the possession of plot originally allotted to the Petitioners - Petition allowed.

Judgment

Reva Khetrapal, J.

1. The prayer in the present writ petition is for issuance of a writ of certiorari or any other appropriate writ to the Respondents to quash the impugned letter dated 06.08.2012 whereby the decision to withdraw plot No.R-536, Rajendra Nagar was communicated to the Petitioners and the issuance of a writ in the nature of mandamus to the Respondents directing the Respondents to allot the said plot, i.e., plot No. R-536, Rajendra Nagar to the Petitioners in lieu of T-514, Upper Ridge Road, Jhandewalan, Karol Bagh, New Delhi.

2. The facts leading to the filing of the present writ petition may be delineated as follows. The father of the Petitioner No.1, namely, Shri Harbans Singh was a refugee, who after the partition of India in 1947, migrated from Pakistan and squatted upon property bearing No. T-514, measuring 239 sq. yards in Jhandewalan, Karol Bagh sometime in 1948. The Government of India formulated a policy for the rehabilitation of the refugees from Pakistan popularly known as the Gadgil Assurance Scheme. In pursuance of the said Scheme, the Respondent No.1, Delhi Development Authority, vide its resolution No.266 dated 16.10.1970 formed a Committee to scrutinize the claims of refugees/squatters, like the Petitioner No.1’s father, covered under the Gadgil Assurance Scheme. In March, 1981, Shri Harbans Singh appeared before the Committee and submitted all requisite documents to establish his claim. After scrutiny of the claim of Shri Harbans Singh, the Committee of the Respondent/DDA was pleased to recommend the case of Shri Harbans Singh and he was declared eligible to allotment under category ‘A’ upto the extent of 200 sq. yards to be regularized in his favour subject to payment of damages with effect from 01.05.1952. The said recommendation was approved by the Vice-Chairman of the Respondent No.1/DDA. Shri Harbans Singh paid the damages and submitted the clearance certificate as required under the Scheme and requested for execution of Lease Deed in his favour. The case was accordingly taken up and referred to the Planning Department of the Respondent/DDA for their clearance.

3. In the meantime, Shri Harbans Singh expired on 27.09.1989. S/Shri Gurbax Singh, Surjeet Singh and Satpal Singh, being the real sons of the deceased allottee, represented for mutation of the allotment of plot No. T-514, Jhandewalan Road in their favour. The mutation was carried out in their names and communicated to them vide letter dated 30th September, 1993, stating that:

“The eligibility for allotment/regularization of plot against T-514, Upper Ridge Road, Jhandewalan, New Delhi under category ‘A’ has been transferred in your names. Allotment-cum-demand letter in your names will follow.”

4. Subsequently, one of the co-allottees, Shri Gurbax Singh also expired on 03.12.1993 and in his place mutation of his 1/3rd share was done in the name of his legal representatives. Shri Satpal Singh also passed away on 06.11.2010 and now the Petitioners are entitled to allotment in category ‘A’ in respect of plot No. T-514, Jhandewalan, Karol Bagh.

5. It is stated that since 1989, the Petitioners have been pursuing the case for alternative allotment with the Respondent Authority and have written numerous letters and made various representations in respect of the same. However, despite holding the father of Petitioner No.1 entitled to allotment of an alternative plot of 200 sq. yards in 1981 itself, no plot was allotted to the father of the Petitioner No.1 and thereafter to his legal representatives by the Respondent No.1.

6. After repeatedly visiting the offices of the Respondent No.1 for over two decades, the Petitioners in 1999 once again requested the Vice-Chairman of the Respondent No.1 for allotment of an alternative plot. It emerges from the record of the DDA that on 22nd March, 2001, after noting that the plot No. T-514, Jhandewalan Road could not be allotted to the Petitioners as the said plot falls in the road widening of J




















































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