Smt.Vidyawati vs Delhi Development Authority & ...
2012 Latest Caselaw 1083 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+            W.P.(C) No.647/2010 & C.M. No.1366/2010

                                                       Decided on: 16.02.2012
IN THE MATTER OF
SMT.VIDYAWATI                                        ..... Petitioner
                         Through : Mr. Arjun Singh Bawa, Adv.

                   versus

DELHI DEVELOPMENT AUTHORITY & ANR.                 ..... Respondents
                   Through : Mr. M.K. Singh, Adv. for R-1/DDA.
                   Mr. Vinod Wadhwa, Adv. for R-2.

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

1. The present petition is filed by the petitioner praying inter alia

for directions to respondent No.1/DDA to include her name as per her

seniority in the list of recommendees for allotment of an alternative plot in

South/Dwarka Zone in the draw of lots which was scheduled to be held on

5.2.2010.

2. The facts of the case, as stated in the writ petition are that, the

land of the husband of the petitioner late Shri Moji Ram, was acquired on

23.3.1965, vide Award No.1802, for the purpose of "Planned Development of

Delhi". Possession of the acquired land was taken by respondent No.2/Govt.

of NCT of Delhi and handed over to respondent No.1/DDA. In the year

1965-66, the husband of the petitioner had filed an application with

respondent No.2/Govt. of NCT of Delhi for the allotment of an alternative

plot in lieu of his land which was acquired by respondent No.2/Govt. of NCT

of Delhi and placed at the disposal of respondent No.1/DDA. On 9.9.1991,

Shri Moji Ram was allotted an alternative plot measuring 250 sq. yards

(Annexure P-3).

3. It is stated by the counsel for the petitioner that as the size of

the aforesaid plot was irregular, a request was made by the deceased

allottee for cancellation of the aforesaid allotment and for his name to be

included in the next draw of lots. Pursuant to the aforesaid request, on

20.6.1996, respondent No.1/DDA had allotted to Shri Moji Ram, a plot

measuring 175 sq. meters bearing Plot No.209, Block-A, situated in Bagrola,

Dwarka Residential Scheme and had issued a demand-cum-allotment letter.

On 30.11.1996, Shri Moji Ram deposited a sum of Rs.3,56,000/- (being 75%

of the premium amount) with the respondent No.1/DDA. In the year 1997-

98, yet again, Shri Moji Ram requested respondent No.1/DDA to cancel the

allotment due to the irregular shape of the allotted plot. The said request

was acceded to by the DDA and the allotment of the plot in question was

cancelled. Shri Moji Ram expired on 3.6.2003. Thereafter, the petitioner

being his legal heir, applied to the respondent/DDA for her name to be

mutated/substituted in place of her deceased husband's, as a recommendee.

4. Vide letter dated 22.10.2009, respondent No.1/DDA mutated/

substituted the name of the petitioner as a recommendee for the allotment

of an alternative plot (Annexure P-6). In the year 2009, respondent

No.1/DDA prepared a list of a total of 230 waiting recommendees for the

allotment of allotment of alternative plots in the category of 250 sq. yards,

wherein the name of the husband of the petitioner had featured at Sr. No.3

(Annexure P-7). However, on 24.1.2010, when respondent No.1/DDA

published a public notice enlisting the names of the recomendees as per

seniority, the petitioner discovered that her name had not been included in

the said list. As a result, she applied to respondent No.1/DDA for inclusion

of her name and thereafter, time and again visited the office of respondent

No.1/DDA, but could not discover the fate of her representation. Finally,

the petitioner filed the present petition in January, 2010.

5. Vide order dated 1.2.2010, while issuing notice on the present

petition, directions were issued to respondent No.1/DDA to include the name

of the petitioner in the draw of lots fixed for 5.2.2010, without prejudice to

the rights and contentions of the respective parties. Thereafter, a counter

affidavit was filed by respondent No.1/DDA, wherein it is stated that

pursuant to the order dated 1.2.2010, inadvertently, the name of the

deceased husband of the petitioner, namely, Shri Moji Ram was included in

the draw of lots held on 5.2.2010, instead of the petitioner's name and a

plot measuring 209 sq. meter bearing No.36, Pocket 9, Sector 23-B in

Dwarka, Delhi, was allotted. It is further stated that in the past, the

authority being had discovered that there were cases of some fake

recommendation letters being forwarded to them, which had also come to

the notice of the DDA/Delhi Administration and therefore it was decided to

re-verify the genuineness of the recommendees from the Land & Building

Department of respondent No.2/Govt. of NCT of Delhi. Accordingly, a copy

of the recommendation letter of the petitioner was forwarded by respondent

No.1/DDA to the Land & Building Department of respondent No.2/Govt. of

NCT of Delhi, vide letter dated 22.9.2009, for verifying its genuineness along

with 489 other such recommendation letters.

6. Vide letter dated 14.12.2009, respondent No.2/Govt. of NCT of

Delhi had submitted a report of the Committee constituted by the Land &

Building Department to examine the genuineness of the recommendation

letters in which, the case of the petitioner herein was listed at Sr. No.161

and in the column of remarks, it was noted that "Record not provided".

7. Counsel for respondent No.1/DDA states that repeated

reminders to respondent No.2/Govt. of NCT of Delhi to verify the case of the

petitioner have not elicited any response till date.

8. Counsel for respondent No.2/Govt. of NCT of Delhi states that he

has no instructions in this regard. However, he submits that he would have

no objection to verify the record of the petitioner and if she may be called

upon to appear before the Deputy Secretary, ALT, Land & Building

Department, Govt. of NCT of Delhi, with all the relevant documents.

9. In view of the aforesaid facts and circumstances, it is deemed

appropriate to dispose of the present writ petition with the following

directions :

(a) Respondent No.2/Govt. of NCT of Delhi shall give a written

intimation to the petitioner, at the address furnished in the

memo of parties, as to the documents required to be furnished

by her for the purpose of verification of genuineness of the

recommendation letter, before the Deputy Secretary (ALT)

within a period of two weeks from today. In the said letter, the

date and time of the meeting shall be intimated to the petitioner.

(b) Upon receipt of the aforesaid letter from respondent No.2/Govt.

of NCT of Delhi, the petitioner shall visit the office of the

aforesaid officer on the assigned date and time, along with all

the relevant documents for the purpose of verification.

(c) Upon scrutinizing the documents that shall be submitted by the

petitioner, the Deputy Secretary (ALT), Govt. of NCT of Delhi

shall communicate his decision to the petitioner as also to

respondent No.1/DDA within a period of two weeks thereafter.

(d) In case respondent No.2/Govt. of NCT of Delhi is satisfied with

the documents submitted by the petitioner, it shall convey the

same in writing to respondent No.1/DDA for the purpose of

handing over possession of the subject plot to the petitioner

upon completion of necessary formalities, if any, in that regard.

(e) In case respondent No.2/Govt. of NCT of Delhi is not satisfied

with the documents produced by the petitioner and it declines

the request of the petitioner for allotment of an alternative plot,

it shall convey the same to her in writing.

10. If the petitioner is aggrieved by the order that may be passed

by respondent No.2/Govt. of NCT of Delhi, she shall be entitled to seek her

remedies as per law.

11. The petition is disposed of, along with the pending application.

A copy of this order be given dasti to the counsels for the

respondents.

                                                            (HIMA KOHLI)
FEBRUARY 16, 2012                                              JUDGE
sk