Delhi High Court
Sapna Swami & Another vs Delhi Development Authority & ... on 5 May, 2009
Author: Sanjiv Khanna
26.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7515/2007
Date of decision: 5th May, 2009
SAPNA SWAMI & ANR. ..... Petitioners
Through Mr. Rohit Sharma, Advocate.
versus
D.D.A. & ORS. ..... Respondents
Through Ms. Manisha Tyagi & Mr. Amique Khalid,
Advocates for DDA.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
1. Whether Reporters of local papers may be
allowed to see the judgment?
2. To be referred to the Reporter or not ?
3. Whether the judgment should be reported
in the Digest ?
ORDER
%
1. The petitioners Ms. Sapna Swami and Mr. Yogesh Swami are sister
and brother. They had submitted two joint applications for allotment of
flat under DDA Housing Scheme 2006. In one application petitioner no. 1,
Ms. Sapna Swami was the first applicant along with her brother, petitioner
no.2 as a second applicant and in the second application the brother was
the first applicant and the sister was the second applicant. Luck favored
both the petitioners and they were allotted two separate flats on the two
applications made by them. The petitioners later on exercised their option
W.P. (C) No. 7515/2007 Page 1
and opted for Flat No. 429, Block-A, Type-PQ, Sector-18B, 7th Floor,
Category 2, Dwarka which was allotted on the application made by the
petitioner No. 1 as the first applicant. The flat allotted to the petitioner
No. 2 as the first applicant at Rohini was surrendered to DDA.
2. DDA, on the other hand, has cancelled allotment of said flat for
violation of Clauses IV and V of the DDA Housing Scheme 2006. The said
Clauses read as under:-
"2. Eligibility
I. xxxx
II. xxxx
III xxxx
IV. Only one person in a family can submit
application. Family means spouse (if any),
dependent/minor children, if any.
V. One person can submit one application
only"
3. Clause IV stipulates that one person in a family can submit an
application and the term family has been defined as the applicant, spouse
(if any) and minor/dependent children, if any. Brother and sister are not
counted as one family. Clause V states that one person can file only one
application.
4. In the present case, the sister and the brother had filed two
separate applications but had made each other the second applicant.
W.P. (C) No. 7515/2007 Page 2
Clause V does not state that an applicant cannot be a second applicant in
an application filed by another person. There is no such specific bar and
prohibition in clause V. Admittedly the petitioners as brother and sister
could have made separate applications. Introduction of second applicant
has not made any difference. The petitioners have explained that their
individual incomes were not sufficient to pay for the cost of the flat as
indicated in the said scheme. The stand of the DDA per se is incorrect and
DDA has completely misinterpreted and misread Clauses IV and V. The
object and purpose behind Clauses IV and V is to prevent multiple
applications from one family, which as defined in Clause IV means
husband, wife and dependent/minor children. The said clauses do not in
any way prohibit brother and sister or sister and brother from making an
application for a flat.
5. In these circumstances, the writ petition is allowed and DDA is
directed to allot flat No. 429, Block-A, Type-PQ, Sector-18B, 7th Floor,
Category 2, Dwarka to the petitioners as per the draw of lots. The
petitioners have already made the entire payment. The payments and
documents filed by the petitioners will be verified on 26th May, 2009 at 3
p.m., when the petitioner will visit the office of Director (Housing) along
with the relevant papers. The respondent-DDA will execute necessary
documents within three weeks thereafter. The petitioners are entitled to
costs of Rs.10,000/-, which will be paid by the respondent-DDA within four
W.P. (C) No. 7515/2007 Page 3
weeks from today.
The writ petition is disposed of.
DASTI.
SANJIV KHANNA, J.
MAY 05, 2009
VKR
W.P. (C) No. 7515/2007 Page 4
