Delhi High Court
Rajendra Prasad vs Tarun Kapoor on 10 July, 2020
$~1, 2, 8, 9 & 10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10.07.2020
+ CONT.CAS(C) 53/2020
SURESH KUMAR ..... Petitioner
versus
TARUN KAPOOR ..... Respondent
+ CONT.CAS(C) 56/2020
RAJENDRA PRASAD ..... Petitioner
versus
TARUN KAPOOR ..... Respondent
+ CONT.CAS(C) 317/2020
NIRMALA ..... Petitioner
versus
TARUN KAPOOR ..... Respondent
+ CONT.CAS(C) 318/2020
SUBHASH CHAND DHIGAN ..... Petitioner
versus
TARUN KAPOOR ..... Respondent
+ CONT.CAS(C) 319/2020
GANDETI KRISHNA RAO ..... Petitioner
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:10.07.2020 17:12:09
CONT.CAS(C) 53/2020 & Page 1
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
4 connected matters
versus
TARUN KAPOOR ..... Respondent
Advocates who appeared in this case:
For the Petitioners: Mr. Yashish Chandra, Advocate.
For the Respondent: Mr. Rajiv Bansal, Sr. Advocate with Mr. Dhanesh
Relan, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL.14608/2020 (exemption from filing duly certified
copies, duly attested affidavits and court fee) in CONT.CAS(C)
56/2020
Exemption is allowed subject to all just exceptions. The duly
attested copy of affidavits and court fee shall be filed within one week
of the resumption of the regular functioning of the Court.
CONT.CAS(C) 53/2020 & CM APPL.2854/2020 (for interim
relief), CM APPL.13814/2020 (stay), CONT.CAS(C) 56/2020 &
CM APPL.2861/2020 (for interim relief), CM APPL.14607/2020
(under Order 39 Rules 1 & 2 CPC), CONT.CAS(C) 317/2020
& CM APPL.13496/2020 (for interim relief) &
CONT.CAS(C) 318/2020 & CM APPL.13498/2020 (for interim
relief) & CONT.CAS(C) 319/2020 & CM APPL.13500/2020 (for
interim relief)
1. The hearing was conducted through video conferencing.
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:10.07.2020 17:12:09
CONT.CAS(C) 53/2020 & Page 2
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
4 connected matters
2. Petitioners seek a direction to DDA to comply with order dated
07.02.2019 in LPAs filed by the DDA, impugning order dated
08.12.2016, passed by a learned Single Judge of this Court in a batch
of writ petitions.
3. By order dated 07.02.2019, the DDA was directed to issue fresh
demand-cum-allotment letters to the petitioners. Petitioners were
allottees of plots of land measuring 28 square meters each under the
Expandable Housing Scheme - 1996.
4. Since the order was not complied with, these petitions were
filed. During pendency of these contempt petitions, applications were
filed seeking stay of auction of the plots by DDA under the
Expandable Housing Scheme - 1996 and further to direct the DDA to
reserve a plot for each of the petitioners.
5. Learned senior counsel appearing for the DDA submits that
Special Leave Petitions have been filed impugning the judgment in
the Writ Petition and also the judgment in the Letters Patent Appeal
and notice has already been issued by the Supreme Court in those
petitions.
6. An affidavit has been filed by the Respondents in these
proceedings except in CONT.CAS(C) 56/2020.
7. Learned senior counsel for the DDA, under instructions,
submits that the affidavit filed in the other petitions is an identical
affidavit and the same also holds good for CONT.CAS(C) 56/2020.
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:10.07.2020 17:12:09
CONT.CAS(C) 53/2020 & Page 3
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
4 connected matters
8. The affidavit has been filed by Mr. C. Tete, the Deputy
Director, EHS Department of Delhi Development Authority. The
affidavit states as under:-
"4. I say that when the instant matter came up for
hearing before this Hon'ble Court, Ld. Senior Counsel
upon instruction has submitted that there are several
plots (sic flats) available in Rohini area admeasuring 28
square meters under the Expandable Housing Scheme,
1996 and in case the respondent DDA is not successful in
the above mentioned Special Leave Petition, a plot (sic
flat) of 28 sq. meters under the EHS, Rohini, shall be
made available for allotment of the Petitioner herein in
terms of the said scheme. I say that the aforesaid
submission/undertaking as was given by the Ld. Sr.
Advocate appearing for the DDA was given on the
instructions as were given by the DDA.
5. I say that DDA has enough plots (sic flats) under
the Expandable Housing Scheme, Rohini, admeasuring
28 sq. meters to be given to the Petitioners in Cont.
Cas(C) 53/2020 titled as 'Suresh Kumar Versus Tarun
Kapoor'; Cont. Cas(C) 317/2020 titled 'Nirmala v.
Tarun Kapoor'; Cont. Cas(C) 318/2020 titled 'Subhas
Chand Dhigan v. Tarun Kapoor'; and 'Gandeti Krishna
Rao v. Tarun Kapoor', in case the DDA is not successful
in the SLP's filed before the Hon'ble Supreme Court of
India, subject to the petitioners complying with the
requirements of the allotments."
9. Learned senior counsel for the DDA, under instructions,
submits that the DDA is bound by the affidavit and there are sufficient
number of plots available under the Expandable Housing Scheme -
1996 and in case the DDA is not successful in the Special Leave
Petitions, a plot of 28 square meters under the Expandable Housing
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:10.07.2020 17:12:09
CONT.CAS(C) 53/2020 & Page 4
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
4 connected matters
Scheme - 1996 shall be allotted to the petitioners herein. He submits
that so long as the Special Leave Petitions are not disposed of, plots
equivalent to the number of petitioners shall always be kept available
under the Expandable Housing Scheme - 1996.
10. The undertaking is accepted. DDA is bound by the
undertaking. DDA shall allot a plot of 28 square meters under the
Expandable Housing Scheme, 1996, Rohini to the respective
petitioners in case the DDA is not successful in the Special Leave
Petitions.
11. Petitions are, accordingly, disposed of reserving liberty of the
petitioners to apply afresh in case need so arises.
12. Copy of the judgment be uploaded on the High Court website
and be also forwarded to learned counsels through email.
JULY 10, 2020 SANJEEV SACHDEVA, J
st
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:10.07.2020 17:12:09
CONT.CAS(C) 53/2020 & Page 5
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
4 connected matters
