The main legal point established in the judgment is the importance of adhering to the provisions of relevant Office Memorandums in the allocation of alternative accommodation for occupants of dangerous flats, emphasizing transparency, objectivity, and uniform application of rules without discrimination.

Sanjiv Khanna, J.

Union of India by this writ petition impugns order dated 21st May, 2015 passed by the Central Administrative Tribunal, Principal Bench in OA No. 3145/2014, which was filed by 24 applicants, who are the respondents before us.

2. The respondents are in occupation of government flats in Mohammedpur, which were declared as dangerous for habitation way back in the year 2009. Photographs placed on record indicate that the said flats are crumbling and can fall at any time. It is accepted and admitted position that the said flats are not fit for habitation and are dangerous.

3. The question raised relates to alternative accommodation, which should be provided to the occupants of the flats at Mohammedpur. There were about 359 allottees in occupation of about as many flats at Mohammedpur. About 200 allottees have already accepted alternative accommodation and at present about 137 allottees are in occupation of the said flats.

4. The plea and contention of the respondents is that they are in occupation of Type-I flats at Mohammedpur, whereas they are entitled to Type-II and Type-III accommodation. They should be shifted and allotted Type-II and Type-III accommodation as was offered to occupants of Kidwai Ngar, Aliganj, etc. It is submitted that the said occupants were given alternative accommodation as per entitlement of Type-II and Type-III flats. Reliance is placed upon letters written by the petitioner in the year 2014, in which the respondents were promised that they would be allotted Type-II or Type-III accommodation as per their entitlement, though they were in occupation of Type-I quarters.

5. The petitioners, on the other hand, submit that an exception was made in the case of Kidwai Nagar as the said flats though not dangerous, had to be demolished under the re-development scheme. On the question of Aliganj, our attention is drawn to note dated 18th April, 2012. It does appear that the said quarters had been declared as dangerous by the CPWD.

6. Learned counsel for the petitioner has submitted that there is an Office Memorandum No. 12035/16/2005-Pol.II dated 5th September, 2005, which reads as under:-

“Memo dated 5.9.2005

(X) Allocation of Vacancies of General Pool residences

Order of Preference:

(a) Officers whose houses have been declared dangerous should get first priority and alternative accommodation should be provided to them in the same area as far as possible, failing which in adjoining/nearby localities.

(b) Officers occupying quarters required to be vacated for redevelopment or other public purposes in the same area, failing which in adjoining/nearby localities.

(c) After meeting the requirements of (a) and (b) above, the remaining vacancies should be allotted alternatively to officers on the change list and to officers sanctioned out of turn and ad hoc allotments/change.”

Thereafter, another Office Memorandum dated 15th September, 2014 was issued superseding the earlier OM dated 5th September, 2005. OM dated 15th September, 2014 reads as under:-

“Office Memorandum Sub: Guidelines for allotment of alternate general pool residential accommodation in the Automated System of Allotment on declaration of a house unsafe/dangerous or re-development of government colonies or GPRA required for any other public purpose.

The undersigned is directed to refer the subject mentioned above and to say that henceforth allotments of alternate general pool residential accommodation to allottees on declaration of a house unsafe/dangerous or re-development of government colonies or GPRA required for any other public purpose shall be done through Automated System of Allotment [ASA] with effect from 16.9.2014.

2. It has been decided with the approval of the competent authority that in case of complete government colonies declared unsafe/dangerous, the allottees of such colonies shall be placed en bloc over the unified (change/initial) waiting list for same type of accommodation and the allottees may make preferences of houses in th