Delhi High Court
Ashok Kumar vs Govt. Of Nct Of Delhi And Ors. on 11 July, 2014
Author: Suresh Kait
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 11th July, 2014
+ W.P.(C) 4197/2014
ASHOK KUMAR ..... Petitioner
Represented by: None.
Versus
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Represented by: Ms.Bandana Shukla, Advocate
for Respondent Nos. 1 to 3.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Vide the instant petition, the petitioner is seeking directions as
under:-
"a) call for the entire records from the respondents in
respect of the draw No. 201 conducted on 20.08.2008,
including the various verifications and re-verification of
the allottees done from time to time by the concerned
SDMs and also the approved list prepared by the Govt.
of NCT of Delhi of the Punjab migrants living in Relief
Camps.
b) issue a writ of mandamus or any other
appropriate writ, order or directions to the respondents
No. 1 to 3 to send fresh communications to the
respondent No. 4 to go ahead with the handing over the
possession to the petitioner of his allotted Flat No. 318,
Pocket-3,Block-B, Type A, Bindapur, Delhi, by
disregarding the letters dated 30.03.2009 and
03.10.2009 written by the then SDM Sh. Ashish Mohan.
c) alternatively issue a writ of mandamus or any
other appropriate writ, order or directions to the
respondent No.4/DDA to handover the possession to the
Petitioner of his allotted Flat No.318, Pocket-3, Block-
B, Type A, Bindapur, Delhi, without further waiting for
any communication from the respondents No. 1 to 3, on
the basis of recommendation letter already issued in
favour of the petitioner and examining the genuineness
of documents of the Petitioner within specified period."
2. Learned counsel appearing on behalf of the respondent
Nos. 1 to 3 appears on advance notice and submits that in other
similar matters, this Court passed the following order dated
29.07.2013:-
" 1. Petitioners shall appear before Director (Housing)
of DDA at 3.00 PM on 22nd August, 2013 in office at
Vikas Sadan, INA, New Delhi along with all the original
documents, including original registrations
slips, original challans, original demand letter and
proof of their identify as well as their present address.
The SDM (West), Punjabi Bagh shall also remain
present at that time along with relevant files. After
carrying out necessary verifications including the
genuineness and identify of the allottee, the possession
of the flat allotted to him/her shall be delivered within
eight weeks of such verification provided all other
necessary formalities in this regard are completed. DDA
before issuing possession letter will also verify that the
payment in terms of the demand letter was made within
the time stipulated in this regard in the said letter.
2. The SDM (West), Punjabi Bagh shall also help in the
process of verification to be carried out in terms of this
order.
3. The original NOC which has been submitted to DDA
shall also be verified at the time of the aforesaid
hearing.
4. DDA shall also ensure that not more than one
allotment is made against one set of documents and
there has been no breach of the terms of the Scheme, by
the allottee.
5. Handing over possession in terms of this order shall
not affect the investigation by Delhi Police."
3. She further submits that other similar matters are also referred to the
respondent No.4/DDA, which are listed on 04.08.2014.
4. In view of the above, the petitioner is directed to appear before the
Director (Housing) of DDA at 3.00 PM on 04.08.2014 in office at Vikas
Sadan, INA, New Delhi, along with all the original documents, including
original registrations slips, original challans, original demand letter and
proof of his identity as well as the present address.
5. The said Director (Housing) DDA is directed to conduct the
proceedings as per the directions passed by this Court vide aforesaid order
dated 29.07.2013.
6. No further order is required to be passed.
7. The petition stands disposed of accordingly.
SURESH KAIT, J.
JULY 11, 2014
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