Delhi High Court
Devender Kumar vs Gnct Of Delhi And Anr. on 5 March, 2015
Author: Suresh Kait
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 5th March, 2015
+ W.P. (C) No. 1978/2010
DEVENDER KUMAR ..... Petitioner
Represented by: Mr. N.S.Dalal, Adv.
versus
GNCT OF DELHI AND ANR. ..... Respondents
Represented by: Mr. Sanjeev Sabharwal, Adv.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Vide the present petition, the petitioner seeks directions
whereby directing the respondents to cancel the allotment of flat
No.32, Block C, Sector-7, Pocket-2, Dwarka allotted to some
unknown lady by impersonation of petitioner's mother.
2. The petitioner further seeks direction thereby directing the
respondent to allot flat under the "Housing Scheme for
Rehabilitation of Punjab Migrants" to the petitioner.
3. It is pertinent to note that the present petition was dismissed
vide order dated 17.01.2014. The petitioner being aggrieved
challenged the same in LPA No.239/2014, the same was disposed
of vide order dated 14.03.2014, whereby, while setting aside the
order dated 17.01.2014, directed this Court to decide afresh on
merits.
4. It is further pertinent to note that Smt. Raj Rani, respondent
No.3 has been served by way of publication and citation, however,
none had appeared on her behalf. Accordingly, the said respondent
was proceeded ex-parte.
5. It is averred in the writ petition that the petitioner's father
Shri Teerath Ram Sharma had migrated to Delhi on 28.01.1987 on
account of terrorist activities taking place in the State of Punjab.
On 13.03.1989, he was allotted a semi-pucca accommodation
bearing No.D-507 at Peeragarhi Relief Camp and on 23.08.1989, he
was issued a ration card by Delhi Administration. He was
provided free water and electricity, being a migrant, evidenced by a
letter dated March 13, 1989. Ration Card stated to have been
issued in his name showing his wife Smt. Raj Rani, son Devinder
Kumar and Tripta Rani, his daughter-in-law; being dependents on
him. The abovenamed Tirath Ram died and was survived by his
wife and son as his legal heirs. His wife Raj Rani also died on June
17, 2000. Thus, the petitioner has remained the sole successor-in-
interest.
6. Learned counsel appearing on behalf of the petitioner
submitted that an imposter claiming herself to be Smt. Raj
Rani submitted an application No.3613 and pursuant thereto on
September 29, 2002 a flat at Dwarka was allotted to said Raj Rani
and thereafter possession was handed over to her. Therefore,
possession of the flat is required from the imposter and possession
of the same be handed over to the petitioner after substituting his
name in place of his father.
7. Concededly, the lady named Smt. Raj Rani wife of Tirath
Ram died on June 17, 2000. She could not be the one who could
have submitted the documents to DDA in the year 2002. She could
not have received any challan on January 31, 2003. It is not in
dispute that the person who migrated from Punjab was Teerath
Ram.
8. The respondent/DDA in its counter-affidavit submitted that
the allotment letter dated 29.09.2002 was issued by DDA at the
residential address of Smt. Raj Rani as C-371, Peeragarhi Relief
Camp. The said address was entirely different from the address
given by the petitioner, i.e. D-507, Peeragarhi Relief Camp. In the
list of 3120 Punjab Migrants, there was no entry of Smt. Raj Rani
against the address provided as C-371, Peeragarhi Camp. DDA
made allotment on the basis of scrutiny of all the documents
available. It is further stated that a letter dated 14.03.2011 was sent
to Smt. Raj Rani at the address C-371, Peeragarhi Relief Camp,
which was received back undelivered as there was no such person
at address bearing No.C-371, Peeragarhi Camp.
9. It is pertinent to note that vide order dated 09.09.2013 passed
by this Court, the Chief Vigilance Officer, DDA was directed to
conduct an internal inquiry and file a report along with affidavit.
Accordingly, Shri T.Srinidhi, Chief Vigilance Officer, DDA filed
its report whereby stated that the then SDM, Punjabi Bagh had
issued a recommendation letter in favour of Smt. Raj Rani, wife of
Shri Tirath Ram, resident of Pvt. Camp C-371, Peera Gari Camp.
Further stated that Smt. Raj Rani applied in the Housing Scheme for
Rehabilitation of Punjab Migrants on 18.09.2002 along with
aforesaid Recommendation letter, affidavit and bank demand draft
bearing No.074707 of Rs.10,000/- and on the basis of this a flat
bearing no.32, Block C, Pocket-2, Sector-7, Dwarka was allotted
vide demand letter No.20870 with block date 05.12.2002-
10.12.2002. On the deposit of demanded amount and completion of
formalities such as affidavit, undertaking, three specimen signatures
duly attested, third copy of challan No.23127 dated 31.01.2003 and
copy of ration card No.02350 dated 10.05.1991 in the name of Smt.
Raj Rani, wife of Tirath Ram, resident of C-371, Pvt. Tent, Peera
Gari Camp, possession letter and NOC were issued on 10.02.2003.
Thereafter, possession was handed over on 24.02.2003.
10. It is established from the above report that a list of 3120
migrants received from SDM, Punjabi Bagh on 15.10.2003 in
which name of Smt. Raj Rani, wife of Shri Tirath Ram exists at Sl.
No.1377 against the address D-507, Peera Garhi, instead of C-371,
Peera Garhi. It is further established that the SDM, Punjabi Bagh
had sent wrong recommendation instead of recommendation of
mother of the petitioner. It is also established that the name of the
mother of the petitioner at Sl. No. 1377 is against the address D-
507, Peera Garhi. The address in the allotment i.e, C-371,
Peeragarhi does not exist and no other person has come forward to
claim the allotment of the flat in question.
11. Counsel for the DDA has submitted that the possession of the
said flat was given to Smt. Raj Rani, wife of Shri Teerath Ram,
Resident of C-371, Peera Garhi on 24.02.2003. However, neither
such lady nor said address exists there.
12. Thus, it seems some unknown person has played fraud with
DDA and tried to usurp the right of the mother of the petitioner.
This has been established from the report of the Chief Vigilance
Officer, DDA and submissions made by counsel for the petitioner.
13. Accordingly, the said flat was to be allotted in the name of
Smt. Raj Rani the mother of the petitioner, however, she had died in
the year 2000 itself.
14. In view of the above discussion, I direct the respondent/DDA
to cancel the allotment of Flat No.32, Block-C, Pocket 2, Sector-7,
Dwarka, which was allotted to some non-existing lady staying at
the non-existing address of C-371, Peera Garhi.
15. I further direct, DDA shall issue allotment letter in favour of
the petitioner Devender Kumar, being the sole legal heir of Late
Shri Teerath Ram and his wife Late Smt. Raj Rani, after completing
all formalities and as per the scheme.
16. I hereby make it clear that DDA shall allot the flat on the
same rates allotted to imposter Smt. Raj Rani.
17. The petition is allowed accordingly with no order as to costs.
SURESH KAIT
(JUDGE)
March 05, 2015
'sn'/RS
