Neutral Citation Number: 2022/DHC/005576

W.P.(C) 6765/2021

Page 1 of 28

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*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 06.10.2022

%

Judgment pronounced on: 15.12.2022

+

W.P.(C) 6765/2021 and C.M. Appl. Nos. 21303/2021, 39166/2021

LT. COL DARYA SINGH DESWAL, RETD. & ORS. ..... Petitioners

Through:

Mr. Mukul Talwar, Sr. Adv. along with Mr.

Arijeet Singh and Mr. Rahul Kumar, Advs.

versus

DELHI DEVELOPMENT AUTHORITY THROUGH ITS VICE

CHAIRMAN & ORS.

..... Respondents

Through:

Ms. Shobhana Takiar, SC along with Ms.

Latika Malhotra, Adv. for DDA.

Mr. Anupam Srivastava, ASC along with

Mr. Dhairya Gupta, Ms. Sarita Pandey, Mr.

Ujjwal

Malhotra

and

Mr.

Kaustubh

Shrinarain, Advs. for R-2.

Mr. Arjun Mitra, Adv. for R-3.

Mr. Trideep Pais, Sr. Adv. along with

Mr.Surya Prakash, Advs. for R-4.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

JUDGMENT

SACHIN DATTA, J.

1.

This present petition has been filed by the petitioners under Article

226 of the Constitution of India, seeking the following reliefs:-

“(a)

Digitally Signed

By:RADHA BISHT

Signing Date:15.12.2022

17:27:24

Signature Not Verified

Neutral Citation Number: 2022/DHC/005576

W.P.(C) 6765/2021

Page 2 of 28

2.

The factual background in the context of which the present petition

has been filed is broadly summarized hereinunder:-

(i) The Defence Lands and Cantonment Service Cooperative Group

Housing Society Limited, i.e., respondent no. 4 herein, was formed in

1983. In 1997, the Delhi Development Authority (hereinafter,

referred to as „DDA‟) allotted and gave possession of land measuring

6500 sq. meters to the said society on perpetual lease. The

construction of residential apartments by the name of Ashoka

Apartments commenced thereafter, and was completed in the year

2000-2001. Admittedly, the construction was carried out in

Digitally Signed

By:RADHA BISHT

Signing Date:15.12.2022

17:27:24

Signature Not Verified

Neutral Citation Number: 2022/DHC/005576

W.P.(C) 6765/2021

Page 3 of 28

compliance with the relevant Building Bye Laws of 1983,

(hereinafter, referred to as „BBL, 1983‟).

(ii) The relevant sanction from the Delhi Fire Services (hereinafter,

referred to as „DFS‟) was obtained on 04.04.2001.

(iii) It is notable that the BBL, 1983 contemplated that in respect of

the apartments in the aforesaid society (hereinafter, referred to as the

„Ashoka Apartments‟), being a high rise building of about 15 meters,

there will be two staircases, i.e. (i) an enclosed internal stairway,

minimum width of which would be 1.25 meters as per Clause

16.3.5(a) of BBL, 1983; (ii) an external staircase on the external wall

of the building opening to an open safety area as per Clause 16.3.4 of

the BBL, 1983; minimum width of the external staircase would be 75

cm as per Clause 16.4.4(f) of BBL, 1983.

(iv) Sometime around March/April, 2001, after having obtained

necessary sanctions from the DDA and the DFS (hereinafter, referred

to as the „original sanction‟), the allotment of flats is stated to have

been done by draw of lots, in the presence of the representatives of the

DDA and the representatives of the Registrar, Delhi Cooperative

Societies. The society constructed a total of 88 flats in three blocks,

out of which Block A and B comprised of 3 B.H.K. and Block C

comprised of 2 B.H.K. Blocks A and C comprise of stilt and seven

upper floors, whereas Block B has no stilt and has eight floors. Each

floor in every block has four flats.

Digitally Signed

By:RADHA BISHT

Signing Date:15.12.2022

17:27:24

Signature Not Verified

Neutral Citation Number: 2022/DHC/005576

W.P.(C) 6765/2021

Page 4 of 28

(v) In the year 2018, the co-operative proposal for further

expansion/alteration of apartments in the Ashok