The main legal point established in the judgment is the application of the doctrine of proportionality in determining the quantum of punishment and the interpretation of eligibility criteria under the DDA Housing Scheme, 2010 and 2014.

JUDGMENT

1. The instant LPAs have been filed against the Judgment dated 17.02.2020 passed by the learned Single Judge in W.P.(C) No.354/2016.

2. As the instant appeals arise out of the same impugned Judgment, for the sake of convenience, LPA No.359/2020 is being taken as the lead matter.

3. Respondent No.1 (S P Kureel), is the father of Respondent No.2 (Shailender Kumar) and husband of Respondent No.3 (Vidya Kureel).

4. Shorn of details, the facts leading to the present appeals are as under:

i. On 25.11.2010, DDA launched the Housing Scheme, 2010 offering flats for allotment in various localities of Delhi including Vasant Kunj and Dwarka.

ii. It is stated that Respondent No.1 and Respondent No.2 as joint applicants submitted Application No.441242. Another application being Application No.441244 was submitted by Respondent No.2 and Respondent No.3 as joint applicants.

iii. Thereafter on 18.04.2011, a draw of lot held in respect of Application No. 441242, Flat No. 1, Pocket 2, Block E 2, Sector 18B, Dwarka, New Delhi was allotted and in respect of Application no. 441244, Flat No. 304, Block Saraswati, S-6, Pocket D-6, Vasant Kunj, New Delhi was allotted.

iv. It is stated that in addition to the above applications, two more applications were submitted, one by (Uttam Kumar), second son of Respondents No.1 & 3, who was the joint applicant along with Respondent No.3 and in the second application Respondent No.3 was the joint applicant with Respondent No.2.

v. It is stated that both these applications were not selected in the draw of lots.

vi. On 02.06.2011, the Appellant had issued letters to Respondents No.1 & 2 asking them for verification of documents and genuineness of allottees. Thereafter, on 13.05.2011, a public notice was issued by the Appellant informing the applicants that demand-cum-allotment letter would be issued only after the verification of documents and genuineness of allottees.

vii. Subsequently, the Appellant issued letters of allotment to the Respondents vide letters dated 14.09.2011 and 15.09.2011. The Respondents received a demand-cum-allotment letter on 28.03.2012 and 30.03.2012.

viii. Respondent No.1 deposited a sum of Rs.72,56,599/- towards the allotment of flat in Dwarka and Respondent No.2 deposited a sum of Rs.86,21,735/- towards the allotment of flat in Vasant Kunj.

ix. It is stated that during this time, on 28.05.2012, Respondent No.2 paid a stamp duty of Rs.3,94,225/- and submitted conveyance deed form in respect of Vasant Kunj flat. It is stated that Respondent No.1 also paid a sum of Rs.3,93,835/- towards stamp duty in respect of the Dwarka flat on 08.06.2012.

x. It is stated that Respondents No.1 & 2 obtained home loans of Rs.18,00,000/- and Rs.70,00,000/-. The Respondents also sold a residential house in Kanpur for making the payments to the DDA.

xi. Thereafter, DDA considered the documents submitted by the Respondents and found that the Respondents have suppressed material facts and one person has applied twice.

xii. On 07.12.2012, DDA cancelled the allotment of flats to the Respondents. Thereafter, Respondents No.1 & 2 filed W.P.(C) No.40/2013 before this Court challenging the cancellation of flats allotted to them.

xiii. This Court vide Judgment dated 11.11.2013 set aside the cancellation orders on the ground of violation of the principles of natural justice and directed the DDA to issue show cause notice and take necessary action in accordance with law.

xiv. The DDA in compliance of the orders of this Court issued show cause notice dated 09.01.2014 to the Respondents to show cause as to why the allotments of flats should not be cancelled.

xv. The Respondents submitted a detailed reply to the above show cause notice vide replies dated 20.01.2014, 12.03.2014, 03.04.2014, 05.05.2014 and 12.05.2014.

xvi. The Appellant vide letter dated 07.08.2015 replied to the grievance of the Respondents which reads as under:

"Sub.: Regarding Allotment of HIG Flat in Housing Scheme,-2010-Your grievance on CPGRAMS

Sir,

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