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2021 Supreme(Del) 13
IN THE HIGH COURT OF DELHI
JAYANT NATH, J.
Delhi Sainik Cooperative Housing Building Society Ltd.(Regd.) & Others - Appellant
Versus
Union of India & Others - Respondent
W.P.(C). No. 8364 of 2018
Decided On : 11-01-2021
For the Petitioners:Dushyant Dave, Sr. Advocate, Bahar U. Barqi, Advocate.
For the Respondents:Maninder Acharya, ASG, Anurag Ahluwalia, CGSC, Abhigyan Siddhant, Sharuya Jain, Advocates, Naushad Ahmed Khan, ASC(Civil), Puja Kalra, Standing Counsel, Virendra Singh, Advocate, Ajay Verma, Senior Standing Counsel, Ruchi Chopra, Advocate Puja Kalra, Sumeet Pushkarma, Standing Counsel, Devanshu Lohiya, L.L. Meena, Advocates. (E.E.).
The duty of the State to provide basic amenities and access to clean drinking water, and the Ministry of Defence's acknowledgment of the lands being given for residential purposes.
Headnote:
Mandamus - Civic Facilities - DDA Act, Section 7, 8(1), 14 - The court directed the Ministry of Defence to convene a meeting to take a decision on regularizing Defence Services Enclave within four months. The Delhi Jal Board was directed to provide portable drinking water to the petitioners within nine months.
Fact of the Case:
The petitioners, including veterans and armed forces personnel, sought civic facilities for their residential plots in Defence Services Enclave, Delhi. They alleged denial of amenities and harassment by authorities for over 50 years.
Finding of the Court:
The court found that the area was designated for agricultural use, and the colony was considered unauthorized. However, it noted the Ministry of Defence's acknowledgment of the lands being given for residential purposes. The court directed the Ministry of Defence to make a decision on regularization and the Delhi Jal Board to provide portable drinking water to the petitioners.
Issues: The main issues were the denial of civic facilities to the petitioners, the unauthorized status of the colony, and the Ministry of Defence's obligation to decide on regularization.
Ratio Decidendi: The court emphasized the duty of the State to provide basic amenities and the right to access clean drinking water. It considered the Ministry of Defence's acknowledgment of the lands being given for residential purposes and directed it to make a decision on regularization.
Final Decision: The court directed the Ministry of Defence to convene a meeting to decide on regularization and the Delhi Jal Board to provide portable drinking water to the petitioners within specified timeframes.
JUDGMENT :
1. This writ petition is filed seeking the following reliefs:-
“(a) That this Hon’ble Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus directing respondents, their servants and agents to grant all civic and other facilities to the petitioners which are available to other citizens occupying their land lawfully in the city of Delhi particularly in respect of supply of water, connection of sewage, drainage, provision for roads and for security etc. as early as possible and to continue to maintain the same.
(b) That this Hon’ble Court may be pleased to issue a writ of prohibition or a writ in the nature of prohibition restraining the respondents, their servants and agents from levying any additional or extra charges from petitioners acknowledging their authorised status like other illegal colonies in any manner.
(c) That this Hon’ble Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus directing respondents, their servants and agents to include Defence Services Enclave area for the purpose of planned development in harmony with MPD-2020.
(d) That this Hon’ble Court may be pleased to issue a writ of prohibition or a writ in the nature of prohibition restraining the respondents, their servants and agents in any manner treating the petitioners as illegal occupants in respect of their lands situated at Defence Services Enclave at Khanpur and Khirki Village and further prohibit them from acting in any arbitrary manner to demand any additional levies, charges etc. except those which are legitimate levied and paid by lawful occupants in Delhi.”
2. The case of the petitioners is that 53 of the petitioners before this court are veterans, decorated officers, war-widows and Armed Forces Personnel belonging to all the three wings who were allotted plots in question for residential tenements by respondent No. 1 pursuant to a scheme formulated by respondent No. 1 in 1961. The area occupied by the petitioners is about 65 acres in the area called “Defence Services Enclave”. It is stated that they are legally authorised residents and must be recognized/acknowledged by every respondent herein. The allotment of plots was by the Society formed by the Ministry of Defence which culminated into proper sale deeds registered with the office of Sub-Registrar.
3. The narration of facts starts from 1961. It is stated that the then Defence Minister-Sh. V.K. Krishna Menon formulated a scheme in 1961 for creation of a chain of housing societies for resettlement of war-widows, disabled/decorated soldiers and other servicemen in most major cities. The Army Forces Personnel were informed about this by an Army Order dated 06.05.1961. It is stated that in a meeting in Delhi between the Raksha Mantri, the Home Minister and the Chief Commissioner of Delhi in 1965, the Ministry was advised that due to non-availability of land in Delhi as a special case, Ministry of Defence should purchase land in the green belt in South Delhi. Based on this advice, the Ministry of Defence through its Society purchased lands in the Revenue Estate of Khanpur and Khirkee after both these were notified as urban areas in 1963/1966. It is claimed that the petitioners are paying tax to MCD at urban rates and that subsequently, this was acknowledged as residential in the Master Plan of Delhi 2021. The petitioners’ lands fall in Zone ‘J’ and all the lands are residential. It is further stated that appreciating that the lands allotted did not have a direct access from Mehrauli-Badarpur Road, the Ministry of Defence in 1970 took a rear step of getting a special sanction of the President of India for transfer of a strip of Defence land measuring 1.61 acres from Army Camping Ground, Khanpur to the Society to provide access to the members’ plots. It is stressed that the Defence land is never sold or sold only under extremely exceptional circumstances.
4. It is further stated that when the petitioners tried to settle on the plots
