IMPORTANT POINT
The court affirmed the validity of Paragraph XXVI of SO No. 03/2015, emphasizing the importance of preventing unauthorized construction and maintaining harmonious relations in government quarters.

JUDGMENT

Anoop Kumar Mendiratta, J. - The challenge in this writ petition is to orders dated February 24, 2023, in OA No. 3649/2022 and order dated November 03, 2023 in RA No. 50/2023, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter, referred to as the 'Tribunal'), whereby the OA and review application were dismissed. In nutshell, petitioner preferred the OA for setting aside order dated July 21, 2021 cancelling the allotment of Quarter No. J-3, Type-II, NPL, allotted to him and upheld by the Appellate Authority vide order dated November 16, 2022.

2. In brief, petitioner who is posted as an ASI in Delhi Police was allotted Govt. Quarter No. J-3, Type-II, NPL, Delhi w.e.f. September 01, 1990. A Show Cause Notice dated February 12, 2021 was issued to the Petitioner by the Allotment Officer, as to why allotment of aforesaid quarter should not be cancelled pursuant to two complaints submitted by his neighbour Sh. S. K. Singh, then DCP/Ops. & Communication, regarding unauthorized construction carried by raising illegal boundary-wall on the back side of the said Govt. Quarter and occupying pavement opposite the House No. E-5 Type-IV in occupation of Sh. S. K. Singh. Petitioner is also stated to have unauthorizedly opened a gate on Pambari Road on the back side of the said quarter, whereas the legal entry was from the other side as recorded in spot inspection conducted on January 14, 2021. Further, petitioner kept flower pots / plants over the unfinished boundary wall but an iron gate was still found affixed along with bricks on the back side of the said Govt. Quarter, thereby violating the provisions of Paragraph XXVI of SO No. 03/2015.

3. In response to the Show Cause Notice dated February 12, 2021, petitioner forwarded reply letters dated February 16, 2021 and February 19, 2021, averring that he had been residing in the said flat since 1990 with the family members and the gate is in existence since the date of allotment. Similarly, gates were stated to have been erected at the back side of several quarters in blocks A to P in the complex. The complaint is stated to have been filed by Sh. S. K. Singh, DCP despite unauthorized construction existing in the accommodation occupied by him. In the additional reply vide letter dated February 19, 2021, stand was taken that the accommodation had been earlier allotted to his father and on his superannuation, the same was regularised in favour of the petitioner in the year 1990. Further, the process of construction of wall was undertaken at instance of wife of Sh. S. K. Singh, since the land was earlier covered by a hedge and the plants and pots were placed on the hedge to protect his family from stray animals. Allegations of high handedness were made against the family of Sh. S. K. Singh on casteist lines claiming that the petitioner belongs to a weaker section of the society.

4. DCP, Genl. Admn., Delhi vide order dated July 21, 2021, after taking into consideration the report of DCP/1st Bn. DAP dated June 18, 2021, cancelled the allotment of quarter in favour of petitioner, holding that the petitioner had unauthorizedly constructed a boundary-wall on the pavement, which has since been removed. However, two rooms and an iron gate with car shed still unauthorizedly existed in the back side of the said quarter, which is clear violation of Paragraph XXVI of SO No. 03/2015. Besides above, it was also recorded that the petitioner had not been maintaining harmonious relations with the neighbours, which is also a violation of Paragraph XXVI of SO No. 03/2015 and there had been various complaints and counter-complaints, due to which peace and harmony of the colony had been disturbed, despite efforts having been made by the superiors to settle the dispute. In support, reference was also made to FIR No. 351/21 dated July 19, 2021 filed at behest of petitioner and cross-FIR No. 352/21 dated July 20, 2021 registered at behest of Sh. S. K. Singh.

5. An appeal preferred b