Central Government Employess ... vs Union Of India And Ors.
2018 Latest Caselaw 2352 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                             Date of Order: April 16, 2018

+     W.P.(C) 3691/2018 & C.M. 14677/2018
      CENTRAL GOVERNMENT EMPLOYESS RESIDENTS
      WELFARE ASSOCIATION                         ..... Petitioner
                       Through: Mr. S. Sunil & Mr. Jagdish N.,
                       Advocates

                          Versus

      UNION OF INDIA AND ORS.                        ..... Respondents
                        Through: Mr. Manish Mohan, Central
                        Government Standing Counsel for respondent
                        No.1
      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR
                         ORDER

(ORAL)

1. Declaration of 228 double storey quarters of Central Public Works Department (CPWD) in Block No.11, 12 & 13 in Dev Nagar, Karol Bagh, New Delhi, as unsafe/ dangerous is the subject matter of this writ petition. Petitioner is a Residents Welfare Association, who has filed this petition on behalf of allottees of Government quarters in Dev Nagar, Karol Bagh, New Delhi and the list of allottees is attached to this petition. Respondent-Directorate of Estates, vide its Communication of 13th November, 2017 (Annexure P-1) had decided to cancel the allotment of Type-III, Government quarters in Dev Nagar (Double Storey) upon being declared as dangerous. A detailed Inspection Report of 6th April, 2017 (Annexure P-3) by Associate Professor of Jamia Millia Islamia University, New Delhi is the basis of declaration of 228 Government

quarters in Service Centre No. 639, Dev Nagar, Karol Bagh, New Delhi being unsafe/ dangerous.

2. Against aforesaid declaration of 13th September, 2017 (Annexure P-4), petitioner-Association had made a Representation of 6th December, 2017 (Annexure- P-7) to Director General, CPWD, Ministry of Urban Development, Nirman Bhawan, New Delhi. According to learned counsel for petitioner, there is no response to the aforesaid Representation.

3. In the facts and circumstances of this case, it is deemed appropriate to dispose of this petition and application with direction to Director General, CPWD, Ministry of Urban Development, Nirman Bhawan, New Delhi to effectively consider petitioner's Representation of 6th December, 2017 (Annexure- P-7) and to pass a speaking order thereon within a period of two weeks and the level of danger be elaborated in relation to Inspection Report (Annexure P-4). The fate of petitioner's Representation of 6th December, 2017 (Annexure- P-7) be made known to petitioner within a week thereafter, so that petitioner may avail of the remedies as available in law, if need be.

4. With aforesaid directions, this petition and application are disposed of.

5. A copy of this order be given dasti under the signatures of Court Master to counsel for the parties.

(SUNIL GAUR) JUDGE APRIL 16, 2018 r