Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4441/2015
ASHA RANI ..... Petitioner
Through: Mr Hemant Singh & Ms Sadhana
Somvanshi, Advs.
versus
GOVT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr Jayendra, Adv. for R-1 to 3.
Mr Dhanesh Relan, Standing Counsel with Mr
Arush Bhandari, Adv. for R-4.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
O R D E R
% 05.05.2015
CM No. 8060/2015 (Exemption)
1. Allowed subject to just exceptions.
WP(C) 4441/2015
2. Issue notice to the respondents.
3. Mr Jayendra accepts notice on behalf of respondent nos.1 to 3 while
Mr. Relan accepts notice on behalf of respondent no.4.
4. The learned counsels for the respondents waives service of notice.
The learned counsel for the respondents also submit that they do not wish to
file a counter affidavit in view of the fact that the issue raised in the petition
is covered by the judgment of the learned single Judge of this court dated
21.05.2013, passed in a batch of writ petitions, the lead petition being: WP
(C) 2119/2013 titled : Pal Vs. DDA and Ors. and order dated 25.07.2014
W.P.(C) 4441/2015 Page 1 of 3
passed in WP (C) 4587/2014 titled Anil Kumar Vs. Govt. of NCT of Delhi
and Ors .
5. The operative directions contained in the two orders are similar,
therefore, for convenience, the directions contained, only in, order dated
21.05.2013 are extracted hereinafter.
“..1) the petitioners shall appear before Director (Housing) of
DDA at 03.00 PM on 27.05.2013 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 identity 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 identity of the
allottee, the possession of the flat allotted to him shall be
delivered within four 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...”
6. Accordingly, the writ petition is allowed with a direction to the
respondents to apply the directions referred to hereinabove.
W.P.(C) 4441/2015 Page 2 of 3
6.1 The petitioner will, thus, appear before the Director (Housing) of
DDA on 28.05.2015 at 3.00 p.m. at their office located 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 his present address.
6.2 The concerned SDM, in this case the, SDM, Kalkaji, shall also remain
present at that time along with relevant files. After carrying out necessary
verifications including with regard to the genuineness and identity of the
allottee, the possession of the flat allotted to him shall be delivered within
eight weeks of such verification, provided all other necessary formalities in
this regard are completed.
7. The remaining directions contained in the aforementioned orders
shall, however, continue to apply mutatis mutandis and thus, bind the parties
herein.
8. With the aforesaid directions in place, the captioned petition is
disposed of.
RAJIV SHAKDHER, J
MAY 05, 2015
kk
W.P.(C) 4441/2015 Page 3 of 3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4441/2015
ASHA RANI ..... Petitioner
Through: Mr Hemant Singh & Ms Sadhana
Somvanshi, Advs.
versus
GOVT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr Jayendra, Adv. for R-1 to 3.
Mr Dhanesh Relan, Standing Counsel with Mr
Arush Bhandari, Adv. for R-4.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
O R D E R
% 05.05.2015
CM No. 8060/2015 (Exemption)
1. Allowed subject to just exceptions.
WP(C) 4441/2015
2. Issue notice to the respondents.
3. Mr Jayendra accepts notice on behalf of respondent nos.1 to 3 while
Mr. Relan accepts notice on behalf of respondent no.4.
4. The learned counsels for the respondents waives service of notice.
The learned counsel for the respondents also submit that they do not wish to
file a counter affidavit in view of the fact that the issue raised in the petition
is covered by the judgment of the learned single Judge of this court dated
21.05.2013, passed in a batch of writ petitions, the lead petition being: WP
(C) 2119/2013 titled : Pal Vs. DDA and Ors. and order dated 25.07.2014
W.P.(C) 4441/2015 Page 1 of 3
passed in WP (C) 4587/2014 titled Anil Kumar Vs. Govt. of NCT of Delhi
and Ors .
5. The operative directions contained in the two orders are similar,
therefore, for convenience, the directions contained, only in, order dated
21.05.2013 are extracted hereinafter.
“..1) the petitioners shall appear before Director (Housing) of
DDA at 03.00 PM on 27.05.2013 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 identity 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 identity of the
allottee, the possession of the flat allotted to him shall be
delivered within four 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...”
6. Accordingly, the writ petition is allowed with a direction to the
respondents to apply the directions referred to hereinabove.
W.P.(C) 4441/2015 Page 2 of 3
6.1 The petitioner will, thus, appear before the Director (Housing) of
DDA on 28.05.2015 at 3.00 p.m. at their office located 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 his present address.
6.2 The concerned SDM, in this case the, SDM, Kalkaji, shall also remain
present at that time along with relevant files. After carrying out necessary
verifications including with regard to the genuineness and identity of the
allottee, the possession of the flat allotted to him shall be delivered within
eight weeks of such verification, provided all other necessary formalities in
this regard are completed.
7. The remaining directions contained in the aforementioned orders
shall, however, continue to apply mutatis mutandis and thus, bind the parties
herein.
8. With the aforesaid directions in place, the captioned petition is
disposed of.
RAJIV SHAKDHER, J
MAY 05, 2015
kk
W.P.(C) 4441/2015 Page 3 of 3