Delhi Development Authority vs Sh. S.K. Grover [Along With Wa No. ...
2004 Latest Caselaw 856 Del

JUDGMENT

S. Ravindra Bhat, J.

1. The issues involved in these appeals are similar to those in WA No. 294/2004, disposed of by a separate judgment today. The appellants have sought to make a distinction that the respondents were not issued with allotment letters in these cases. The Learned Single Judge observed that such distinction is not sufficient to deny the relief since the respondents herein were also incremental flat allottees whose names were included in the draw of lots held by the DDA but due to policy reversal of 1998, impugned in the writ proceedings, such allotment letters were not issued.

2. The distinction made between these cases and that of Ms. Madhurima Malhotra's case is specious to say the least. As held in that case all registrants of the New Pattern Scheme from a homogeneous class. Such of them who were offered incremental flats were in fact not notified at the relevant stage, that they could make further construction. Some came to this Court where the DDA made a statement agreeing to give them a choice. Later, the DDA itself realised that this choice had to be extended to all persons who had been offered, but had declined incremental flats. Accordingly, their names were included in the subsequent draw of lots for regular flats. Having done so, it ill behoves a public authority charged with the duty of providing amongst other reasonably priced housing to the people, to say that it is within its right to not issue allotment letters. This plea has to be rejected because of the same reasons as spelt out in Ms. Madhurima Malhotra's case (WA No. 294/2004). Besides, apart from sating this point of distinction, there is no other distinction made out between these set of cases and in Ms. Madhurima Malhotra's case. In other words, this single factor of non-release of allotment letters--which is consequent to the DDA's own inaction--cannot be considered sufficient to distinguish the present appeals so far as the grant of relief is concerned from the others. Accordingly, following the judgment in Ms. Madhurima Malhotra's case (WA No. 294/2004), the present appeals are also dismissed.

3. We further direct that DDA shall, in these cases, issue allotment letters--if not already issued--to the respondents within four weeks.

4. The appellant shall bear costs of these proceedings, quantified at Rs.2,000/- for each appeal, to be paid to the respondents within four weeks.

5. In view of the judgment in the appeals, the pending applications in all the WAs do not survive and are accordingly disposed of.