Delhi High Court
Smt. Chander Kanta Malhotra & Ors vs Dda & Ors. on 17 August, 2011
Author: Rajiv Sahai Endlaw
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 17th August, 2011.
+ W.P.(C) 5951/2011 & CM No.12038/2011 (for stay)
% SMT. CHANDER KANTA MALHOTRA & ORS ...Petitioners
Through: Ms. Nandni Sahni, Adv.
Versus
DDA & ORS. ..... Respondents
Through: Mr. Rajiv Bansal & Mr. Rahul
Bhardwaj, Advocates for R-1 to 3.
CORAM :-
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
1. Whether reporters of Local papers may Not necessary
be allowed to see the judgment?
2. To be referred to the reporter or not? Not necessary
3. Whether the judgment should be reported Not necessary
in the Digest?
RAJIV SAHAI ENDLAW, J.
1. The writ petition impugns the letter dated 5th July, 2011 of the
respondent DDA refusing to include the names of the petitioners in the
allotment made of Plot Nos.C-1, 2, 25 to 27, Mangolpuri Industrial Area,
Phase-I, Delhi in favour of the respondents no.4 to 9.
2. One Sh. Inder Raj kakkar was entitled to allotment of alternative plots
from the respondents no.1 to 3 DDA. However before the allotment could
be made, the said Sh. Inder Raj Kakkar died on 2nd April, 1982 leaving his
wife as his only natural heir; he and his wife being issueless.
3. The wife of Sh. Inder Raj Kakkar namely Smt. Savitri Kakkar also
died issueless and intestate on 10th August, 1986. No allotment could be
made in her life time also and respondent DDA has made the allotment now,
only in June, 2011. The respondents no.4 to 9 in whose favour the allotment
has been made are the legal heirs of the brothers/sisters of Sh. Inder Raj
Kakkar.
4. The three petitioners are the legal heirs of Sh. Ishwar Das Kakkar
another brother of late Sh. Inder Raj Kakkar. However while the
respondents no.4 to 9 are the legal heirs of the brothers/sisters of Sh. Inder
Raj Kakkar who died after the demise of both Sh. Inder Raj Kakkar and his
wife Smt. Savitri Kakkar, the predecessor of the petitioners namely Sh.
Ishwar Das Kakkar died on 7th October, 1983 i.e. after the demise of Sh.
Inder Raj Kakkar but before the demise of Smt. Savitri Kakkar.
5. The respondent DDA has not considered the petitioners to be the legal
heirs of late Sh. Inder Raj Kakkar. The petitioners claim that they are. They
contend that the rights to the aforesaid land of Sh. Inder Raj Kakkar on his
demise were inherited by his wife Smt. Savitri Kakkar and Smt. Savitri
Kakkar having died issueless, the rights in the land aforesaid inherited by her
from her husband, under Section 15(2)(b) of Hindu Succession Act, 1956
devolve upon the heirs of her husband i.e. late Sh. Sh. Inder Raj Kakkar. It
is further contended that thus Rule 3 in Section 16 of the Act would apply
and the heirs of late Sh. Inder Raj Kakkar would be determined by deeming
Sh. Inder Raj Kakkar to have died immediately after the demise of Smt.
Savitri Kakkar on 10th August, 1986. Reliance in this regard is placed on
Bhagat Ram (D) Vs. Teja Singh (D) AIR 2002 SC 1 and Bajaya Vs.
Gopikabai (1978) 2 SCC 542.
6. I fail to see as to how the petitioners would still become the heirs of
Sh. Inder Raj Kakkar. Even if Sh. Inder Raj Kakkar is deemed to have died
immediately after the demise of his wife on 10 th August, 1986, his heirs as
per the schedule to the Act, in the absence of Class-I heirs and in the absence
of his father amongst the Class-II heirs, would be his brothers and sisters i.e.
only those brothers and sisters who were alive on 10th August, 1986.
7. Sh. Ishwar Das Kakkar (whose legal heirs the petitioners are) though a
brother of Sh. Inder Raj Kakkar had admittedly died prior to the demise of
Smt. Savitri Kakkar. He would thus not be the legal heir of Sh. Inder Raj
Kakkar and the petitioners claiming through him have been rightly held by
the respondent DDA to be not the legal heirs of Sh. Inder Raj Kakkar.
The writ petition is therefore dismissed. No order as to costs.
CM No.12039/2011 (for exemption)
Allowed, subject to just exceptions.
RAJIV SAHAI ENDLAW
(JUDGE)
AUGUST 17, 2011
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