Judgment:
$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:
29. h May, 2019 RAJESH KUMAR & ANR + W.P.(C) 7518/2016 & CM APPL. 873/2019 GOVT. OF NCT OF DELHI & ORS versus ........ Petitioner
s Through: Mr. R.K. Shukla, Adv. ........ RESPONDENTS
Through: Ms. Mini Pushkarana, Standing Counsel with Ms. Swagata Bhuyan, Ms. Shiva Pandey and Ms. Ritika Ganju, Advs. for R/DUSIB. Ms. Geeta Mehrotra, Adv. for DDA/R-4. % 1. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT
(ORAL) The petitioners are aggrieved by the fact that, despite having applied for allocation of flats under the “Residential Flat Registration Scheme for Slum Dwellers, 1985”, of the DDA, on 23rd December, 1985 and 31st January, 1986, they have yet to be allotted any flats under the said Scheme.
2. The issue in controversy is not res integra, as a similar grievance has been adjudicated by a coordinate Single Bench of this Court, vide judgment dated 7th December, 2019 in W.P.(C) 1615/2013 (Arvind Raval v. Union of India). The said judgment is reproduced, W.P. (C) 7518/2016 Page 1 of 4 in extenso, thus: “1. The petitioners have filed the present petitions, inter alia, seeking allotment of dwelling units under the “Residential Flat Registration Scheme 1985” (hereafter „the 1985 Scheme‟). The petitioners had registered under the 1985 Scheme and also paid the registration amount of ₹3,000/- at the material time. Aggrieved by the non allotment of dwelling units even after more than 32 years, the petitioners have moved this court by way of the present petitions.
2. It was apparent from the status reports filed in these petitions that little progress was made by the Slum Wing of DDA or its successor, Delhi Urban Shelter Improvement Board (DUSIB) in ensuring that flats are allotted to the registrants of the 1985 Scheme. During the course of the proceedings, DUSIB had informed this court that it had written letters to the Union of India to allot already built up flats under the Jawaharlal Nehru National Urban Renewal Mission (JNNURM). Over the course of proceedings, this court was also informed that certain flats are available for allotment to the registrants. DUSIB has also filed an affidavit affirming that it has commenced the applicants, considering the period that has elapsed since the applications were accepted.
3. In the order dated 24.01.2019, this Court had recorded that the matter regarding allotment of flats is being actively pursued by DUSIB, therefore, no further orders are required to be passed by this Court. However, at this stage, leaned counsel appearing for the petitioner had raised a doubt whether the flats under the JNNURM scheme would be made available to the petitioners as, under the said scheme, bulk of the costs was to be paid by government agencies and the beneficiaries were only required to contribute 12% of the costs. This is in variance with the DUSIB‟s proposal to allot flats on costs. the exercise of re-verification of W.P. (C) 7518/2016 Page 2 of 4 the consideration is the 4. In view of the above, this Court had called upon learned counsel appearing for respondent no.1 to take instructions in this regard.
5. Mr Goel, learned counsel appearing for respondent no.1 now contends that it is not respondent no.1‟s case that the flats should be allotted at subsidised rates and the same can be allotted on cost basis. However, the question as how to be appropriated is a matter between DUSIB and respondent no.1.
6. In view of the above statement, DUSIB is directed to proceed with the complete allotment of flats on costs basis (which has been provisionally determined at approximately ₹13 Lakhs per dwelling unit). The issue whether the said costs are to be appropriated and by which government (whether DUSIB or agency respondent no.1), is left open.
7. The learned counsel appearing for the petitioners submits that the 1985 Scheme is in variance with the current scheme, inasmuch as, the earlier scheme did not stipulate an income criteria and further, flats were also available on a hire-purchase basis.
8. It is seen that more than 35 years have passed since the 1985 scheme was floated. It is also not disputed that the scheme was for slum dwellers and persons from the lower economic strata of society. In view of the above, this Court finds no infirmity with DUSIB fixing the eligibility criteria for the applicants. Considering that DUSIB is now required to source flats from other agencies, the decision of DUSIB to do so on cash down basis also does not warrant any interference by this Court.
9. aforesaid direction.” The petitions are accordingly disposed of, with the W.P. (C) 7518/2016 Page 3 of 4 3. The present writ petition is also disposed of in terms of the said judgment. MAY29 2019 dsn C. HARI SHANKAR, J W.P. (C) 7518/2016 Page 4 of 4