IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Govind Saran Sharma - Appellant
Versus
Delhi Development Authority & Anr. - Respondents
W.P.(C) 2802 of 2020 & CM APPL. 9787 of 2020, 7039 of 2021
Decided On : 18-03-2024
JUDGMENT
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
Background
2. The present petition has been filed by the Petitioner-Mr. Govind Saran Sharma seeking directions to the Respondents for the execution of conveyance deed/title documents regarding a plot identified as `No. E-66 in Malviya Nagar, New Delhi' (hereinafter, `subject property'), under the Saket/South Residential Scheme (hereinafter, `the Scheme'), in favour of the Petitioner.
3. The present petition has been filed against Respondent No. 1-the Delhi Development Authority (hereinafter, `DDA'), and Respondent No. 2- the Land & Building Department (hereinafter, `L&BD'). The petition has brought to light certain alarming details about various properties, allotted by the DDA based on allegedly forged letters from the L&BD. These properties are spread across Delhi and are of significant value, potentially worth crores of rupees.
4. As per the petition, on 22nd September 1979, the Petitioner was allotted an alternative plot measuring 150 square yards as part of the mentioned Scheme. The Petitioner deposited Rs. 2,000/- on 17th October 1979, which was acknowledged by the DDA. Thereafter, as per the petition, the DDA requested the Petitioner to submit an affidavit regarding the allotted plot in a letter dated 21st November 1979. A letter sent on 7th August 1980 informed the Petitioner about the draw of a specific plot number and the dates and times related to it, asking the Petitioner to attend. On 28th August, 1980, the Petitioner was directed to deposit Rs. 7,626.10/-, which he did, and this was acknowledged by the DDA on 4th October 1980.
5. The Petitioner was thereafter informed about the possession of the subject property vide letter dated 31st October, 1980, asking the Petitioner to be present at the DDA site office on 21st November, 1980, for handing over the possession of the subject property. Upon following up on the letter dated 31st October, 1980, for taking possession of the allotted plot, as per the petition, the Petitioner was asked to pay a bribe by the DDA, which the Petitioner refused. Subsequently, when the Petitioner made contact again, he was informed that his allotment qua the subject property had been cancelled. Subsequently, the Petitioner discovered that the cancellation of the said allotment was made under the name `Govind Ram', which was incorrect, as the Petitioner's actual name was `Govind Saran Sharma', and not Govind Ram, as falsely stated by the officials of the DDA.
6. The petition further states that a letter from Mr. Bansi Dhar, Jt. Secretary (Land & Building Department), dated 17th February 1981, addressed to Mr. K.L. Bhatia, Commissioner of DDA, highlighted inquiries into alleged malpractices involving the recommendation process for allotment of alternative plots. The letter revealed that in 128 cases, files had not even been opened, thus there was no basis for sending recommendation letters for those properties. This suggests that some recommendation letters might have been forged. Consequently, the matter was referred to the Vigilance Department and the DCP (Anti-Corruption) for a detailed investigation. As a result, the Petitioner's allotment has come under scrutiny by the said authorities.
7. Since 1979, the Petitioner claims that he has persistently sought to address his grievances regarding the allotment of a plot by the DDA and the L&BD. Despite these efforts, according to the Petitioner, the allotment has been acknowledged but unresolved issues persist. Thereafter, despite interventions by various authorities, the resolution of the Petitioner's grievances remained elusive. Correspondence and communication from various DDA departments and government officials through 2008 to 2012 oscillated between acknowledging Petitioner's legitimate claim over the subject property, attempting to correct the name discrepancy (from Govind Ram to Govind Saran Sharma), and assuring action against illegal constructions on the said pl
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Public authorities must act transparently and accountably, especially when allegations of forgery in land allotments arise, necessitating a CBI investigation.
The failure of the DDA to process the property conversion request due to unsubstantiated claims of fraud and lack of documentation violates the respondent's rights.
Mandatory prior approval from the Assistant Collector is essential for land allotments under Section 122-C of the U.P. Zamindari Abolition and Land Reforms Act, making unauthorized claims invalid.
The court clarified that prima facie evidence suggests adequate grounds exist to proceed with charges, and that the responsibility for plot allotments must be appropriately examined in trial.
The non-inclusion of a registrant in the allotment draw due to administrative errors must be rectified; however, claims can be barred by unexplained delays.
The main legal point established in the judgment is that the Petitioner did not have any title, interest, or claim in the subject property and was not entitled to relief of injunction, as the Respond....
The main legal point established in the judgment is that disputes involving property rights and substantial reliefs must be adjudicated in a civil court based on evidence, and the special remedy unde....
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