The Punjab Migrants Welfare ... vs Dda And Ors
2001 Latest Caselaw 1345 Del

JUDGMENT

Manmohan Sarin, J

1. Rule.

With the consent of the parties, writ petition is taken up for disposal.

2. This is a writ petition filed by the Punjab Migrants Welfare Association, seeking quashing of public notice dated 13.1.2000, issued by the Delhi Development Authority with regard to the holding of draw of lots to the Punjab residents residing at the Peera Garhi Camp. In terms of the public notice, last opportunity was given to them to submit applications by 31.1.2001. The applicants, who applied by 31.1.2001, were to be included in the draw of lots on 16.2.2001.

3. Petitioners claim that they had left their original place of abode about 14 years back and they had lost whatever roots they had in Punjab. In case they were to be uprooted once again from their camp, it would dis-locate their lives for a second time. It would adversely affect the education and bringing up of their children. The migrants from Punjab had made representations also to the National Human Rights Commission. The National Human Rights Commission after considering the representations made recommendations to the NCT of Delhi to work out a suitable rehabilitation plan by arranging Janata quarters or plots.

4. Petitioners have also requested NCT of Delhi to act upon the recommendations of National Human Rights Commission. Delhi Development Authority framed a housing scheme for rehabilitation of Punjab Migrants in March, 2000. As per the Scheme framed by Delhi Development Authority, application for allotment of Janata quarter is to be accompanied by a pay order of Rs.10,000/-, Rs. 50,000/- is to be deposited upon the issuance of demand-cum-allotment letter and the remaining payment of Rs. 1,20,000/- is to be made with interest at the rate of 12.75% per annum is 180 equated monthly Installments of Rs. 1500/- per month.

5. Based on the representation made to the Lt. Government, a decision was taken to reduce the interest from 12.75% per annum to 11.00% per annum. On the last date i.e. 13.8.2001, the matter was adjourned to enable the petitioner's counsel to seek instructions. Mr. A.S. Chandhiok, learned senior counsel for the petitioner again reiterated that the demand for payment of Rs. 50,000/- in lump sum, prior to possession being given is totally beyond the capacity of the migrants/applicants. Any insistence on it, would actually amount to deprival of the benefit under the Scheme. Mr. Munjal, senior counsel for the respondent NCT, submitted that the flats worth Rs.4.00 to 5.50 lacs are being offered to the Punjab Migrants at Rs. 1,80,000/-. In addition, rate of interest has also been reduced from 12.75% to 11.00% per annum. He submitted that no further change is warranted.

6. After hearing, counsel for the parties, I am of the view that there is merit in the contention of the petitioner that the payment of Rs.50,000/- in lump sum would be rather onerous for the migrants/applicants. It has been put to the learned senior counsel for the petitioner that the said amount should be paid in four monthly equal Installments of Rs.12,500/- each and the total amount of Rs.50,000/- should be paid at best within five months from today i.e. one month's grace period in completing the Installments and making the short fall, if any, in the payment of each of the Installments. This course of action would provide the necessary relief to the petitioners without materially or substantially altering the Scheme as proposed. Ordered accordingly. The possession of the flats be handed over to the applicants/migrants after the payment of Rs.50,000/- as directed above. It is made clear that the balance payment of Rs. 1,20,000/- to be paid in 180 Installments along with interest at the rate of 11.00% as already agreed, would commence after the payment of Rs.50,000/- and handing over of possession.

7. The writ petition stands disposed of in the above terms.