Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION [C] No.27181 of 2009

(CC 14775/2009)

Delhi Development Authority

… Petitioner

Vs.

Jitender Pal Bhardwaj

… Respondent

O R D E R

Delay condoned.

2.

More than 28 years ago, on 23.3.1981, the respondent

made an application to the Delhi Development Authority

(‘DDA’ for short) for allotment of a plot under the Rohini

Scheme. The eligibility requirement prescribed in clause

1(ii) of the Terms and Conditions of the Scheme is

extracted below:

“The individual or his wife/her husband or any of

his/her minor children do not own in full or in

part on lease-hold or freehold basis any

residential plot of land or a house or have not

been allotted on hire-purchase basis a residential

flat in Delhi/New Delhi or Delhi Cantonment. If,

however, individual share of the applicant in the

jointly owned plot or land under the residential

house is less than 65 sq.m, an application for

allotment of plot can be entertained. Persons who

own a house or a plot allotted by the Delhi

Development Authority on an area of even less than

65 sq.m, shall not, however, be eligible for

allotment.”

When he made the application in 1981, neither the

respondent nor any of his family members owned any land or

plot or flat in Delhi and gave declaration to that effect.

3.

Nearly, a quarter century later, in a computerized

draw, respondent was allotted plot No.158, Block/PKT-C2,

Sector-28, Rohini, measuring 60 sq.m, vide letter of

allotment dated 3/7.10.2005. As required by DDA in its

communication dated 11.3.2006, the respondent submitted

necessary documents and affidavits under cover of his

letter dated 31.3.2006 wherein he disclosed, in pursuance

of the above eligibility condition, that he had acquired a

flat measuring less than 65 sq.m in United India Apartments

(Flat NO. 151/A), Mayur Vihar Phase-I, Delhi. He also

deposited the entire premium in regard to the allotted plot.

4.

After issuing a show cause notice dated 28.2.2007, DDA

by communication dated 28.5.2007, cancelled the allotment

on the ground that the respondent was already the owner of

a flat. Feeling aggrieved, the respondent approached the

High Court. He submitted that when he made the application

for allotment, he did not have any land, plot or flat. He

further submitted that in the year 1994, he had acquired a

flat measuring 62.22 sq.m which was less than 65 sq.m and

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therefore his eligibility for allotment of a plot by DDA,

was not affected. He also produced a certificate from the

concerned society and other documents to show that the flat

measured less than 65 sq.m. A learned Single Judge allowed

the writ petition and quashed the cancellation of

allotment, holding that there was no violation or breach on

the part of respondent. The appeal filed by DDA was also

dismissed by a Division Bench. Leave to Appeal is sought in

respect of the said order.

6.

The entire issue depends upon the interpretation of

Clause 1(ii) of the Terms and Conditions of the Rohini

Scheme. The said Clause makes an applicant ineligible for

allotment, if the applicant or his/her spouse and minor

children own or hold in Delhi/New Delhi/Delhi Cantonment :

(i) any residential plot of land or a house either in full

or in part either on leasehold or freehold basis, or (ii)

any residential flat on hire-purchase basis. There is

however an exemption. Any individual share held by the

applicant in a jointly owned plot or land under the

residential house which is less than 65 sq.m, will not be

considered to be a disqualification or ineligibility for

allotment.

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7.

The first ground urged by the petitioner is that the

flat acquired by the respondent in 1994 measures 65.79 sq.