Ms. Charumati Sharma vs.chairman , Dda - Court Judgment

SooperKanoon Citationsooperkanoon.com/1224329
CourtDelhi High Court
Decided OnJul-29-2019
AppellantMs. Charumati Sharma
RespondentChairman , Dda
Excerpt:
$~24 * in the high court of delhi at new delhi date of decision:29. 07.2019 + w.p.(c) 1756/2019 1. ms. charumati sharma ........ petitioner through... petitioner in person. versus chairman , dda ..... respondent through mr.rajiv bansal, sr. adv. with mr.akshay chandra, ms.parul parthi & ms.shweta saini, advs. for dda. mr.rajiv gandhi, comm.(housing), mr.b.m. thareja dw(h), mr.j.s. negi, dy. dir.(sfs), mr.naresh kr. sharma, asstt. dir.(sfs), mr.dwivedi, jr. law officer & mr.a.k. arora, ae (swd-6) coram: hon'ble mr. justice suresh kumar kait judgment (oral) vide the present petition, the petitioner seeks direction as under: i. issue appropriate orders against dda to stop deliberate threats against person and premises of complainant escalated by dda and its employees and contractors during proceedings and ii. issue writ against dda for restoring the overhead water tank w.p.(c) 1756/2019 page 1 of 11 stolen/broken by mischief of dda contractors and iii. that the dda stop employing and using the services of its trained criminals, rapists, eve teasers (chowkidaars and employees of rwa police gangs claiming ("haftas") weekly payments from criminals for ignoring the crimes; and iv. that the honourable delhi high court may issue appropriate writ to restore the car garage adjoining ground floor flat to the ground floor flat for protection of right to live safely in the flat without threat of deliberate violation of privacy and right to life and personal liberty.2. the brief facts of the case are that petitioner returned to india after studying actuarial science in usa after 4 yrs service in us insurance companies as actuary. the petitioner returned to india after an unhappy marriage and divorce and joined life insurance corporation of india (hereinafter referred to as ‘lic’) as assistant administrative officer (actuarial). the petitioner resigned from lic in 2003 at the age of 47 years. thereafter, the petitioner applied for 2 bedroom flat m.i.g. (sfs) in delhi development authority (hereinafter referred to as ‘dda’) in its 6th self financing scheme (hereinafter referred to as ‘sfs’) in august 1985 for her parents who were at that time residing abroad. the petitioner requested the w.p.(c) 1756/2019 page 2 of 11 dda on application forms a car garage for her parents. she had added her own, car garage along with scooter garage on the application form and dda accepted the application for mig flat with scooter and car garage but conspired to build car garage alongside the flat for breaking in and robbery and raised criminal gangs from police and dda for enabling dda conspiracy against the female applicant and her parents. the dda built garage in sector 22 dda (sfs) flats against government orders and in defiance of authority in pursuit of its perverted, debased, depraved conspiracy to turn the petitioner into a slave for begging, sex trade and sexual assault to mock the smart independent foreign returned beautiful woman actuary who sought safety in india in employment in public sector to avoid any irreligious life in usa after divorce. the dda applied to the government, ministry of urban development for permission to add car garages to the flats under 6th sfs scheme but the same was refused. however, the then prime minister and minister of finance and urban development accordingly approved that the payment of installment money can be aided by loans only from lic. however, dda built the car garages alongside the ground floor flats in sector 22 mentioned above, but did not allot the car garage especially at time of handing over the flats. the building w.p.(c) 1756/2019 page 3 of 11 of flats in question was delayed by dda by many years to do away with objections by minister of urban development & prime minister and avoid government scrutiny and protection of law and order in the matter. thus, the dda either conspired or encouraged conspiracy against the legal heirs on record in dda. the said authority delayed final plans of the car garages until preference of area and floors were taken from the petitioner and her father, which was taken during the period after rajiv gandhi's (former prime minister) assassination when government had suspended office work for a month.3. further case of the petitioner is, as per government report, the plane which was found fit for the flight after inspection at lakshadweep and on record is a flawless flight from lakshadweep to cochin went out of control immediately after takeoff and went into a spiraling uncontrollable acceleration of speed due to ill fitting acceleration shaft nuts which resemble the nuts used in dda sewerage covered in dwarka sector 22. however, the nuts used by the airlines for its plane at lakshadweep had perfect threads whereas the nuts on the acceleration shafts after service at cochin were defective, had loose threads and did not fit and fell off causing uncontrollable acceleration immediately which caused the crash. the ill w.p.(c) 1756/2019 page 4 of 11 fitting bolts/nuts with threads not suitable for the dornier aircraft acceleration shaft where it was replaced by service found to be with dda for it was fitted on sewerage covers in dda sfs flats sector 22, dwarka only. the same covers were denied to petitioner complainant after displaying.4. it is not in dispute that the petitioner is seeking car garage in sector 22, dwarka, in the dda, sfs, mig flats. it is pertinent to mention here that the petitioner has stated in the writ petition vide paras 9, 28, 36, 38, 42, 44, 57 & 65 which are reproduced below: “9.that dda accepted the application for mig flat with scooter and car garage but conspired to build car garage alongside the flat for breaking in and robbery and raised criminal all gangs from police and dda for enabling dda conspiracy-against the female applicant and her parents.28. that the dda appoints its own employees as chowkidaars along police gangs trained in soiling foundations of buildings for humiliation of females and causing rift in families and the chowkidaars and the sweeper enjoy use of car garages for urinals and toiletry and the same have in past history lead to family disunification, rape, murder and enslavement of the females and sons.36. that the car garage is being used by dda and built by dda against the malicious purpose of enlarging sexual abuse of single woman applicant and in deliberate display of perverted conduct of dda and state . the government orders with w.p.(c) 1756/2019 page 5 of 11 38. that the dda appoints its own employees as chowkidaars along police gangs trained in soiling foundations of buildings for humiliation of females and causing rift in families and the chowkidaars and the sweeper. 42 that after reply of the complainant to the w.r. the dda deliberately adopted an attitude of stalling proceedings and delays for long periods which were used by dda to deliberately cause fear and terror and humiliation it the complainant by use of obscene and insulting remarks near the windows.44. that dda caused ongoing delays in proceedings and used, the delays to exhibits it's criminal intent through direct recruitment and employment of rapists in car garage opposite the flat and used the police "press wala" from dwarka north police than a to be continuous lying in touch with their game in sector 22 dda flats and have helped the family resettle in an unlabeled flat on rooftop and broke the cover of the rooftop water tank sold to consumer for water storage along with the flat and caused and encouraged theft of water after a major, discriminatory escalation of water changes and inclusion of illegal cess tax and sewerage tax and deliberately caused the delivery pipes to break, installed a alternative water-supply with and without meter for adjoining flats and refused to repair the same rather simultaneously increased the water charges for the sector and also for sector 4 discriminating between females single and families deliberately violating my equal right to life and property and freedom of association .57. that dda built the car garages in sector 22, dwarka, against at the government orders and did not disclose or warn the consumer of criminal conspiracies of mentally perverted employees who take advantage of dda records, office for crimes against women duplicating their wealth with forced enslavement of women and their w.p.(c) 1756/2019 page 6 of 11 sons for promoting a degraded industry of begging, murder and robbery prevailing through the dda, its associates in police.65. that dda has used office and power to be a public nuisance and make mischief in the matter of use of car garages for safe guarding cars arid encouraging and forming criminal groups for violating privacy of females, and threatens sexual assault whenever the perverted employees of dda and their associates in police are denied entry and the use of the car garage for rape and murder is being threatened by the car garage owners.5. in view of the averments made by the petitioner in the aforesaid paras, this matter was recused by hon’ble justice c. hari shankar on 20.02.2019 by passing order as under: “i had put it to the petitioner who appeared in person that the pleadings in this writ petition were somewhat intemperate and it would be advisable to tone them down. the petitioner submits that i am pleading the cause of the dda, rather than the cause of justice. she reiterates the averment, submitting that, by requesting her to tone down the language used in the writ petition, i am "siding with the dda". in my view, a court, in whom the litigant has no faith, ought not to hear the matter. it would not, therefore, be advisable for me to hear this case. list this matter before another bench, subject to orders of hon'ble the chief justice, on 5th march, 2019.” 6. the present petition has been filed by the petitioner in person and she has been appearing in person only. moreover, the petitioner is claiming to be an advocate and her enrollment number is d/279/2009. on the last date w.p.(c) 1756/2019 page 7 of 11 of hearing, this court specifically asked the petitioner, what she wants in the present petition. she only confined to the prayer that let the respondents be directed to allot her a car garage. on the last date of hearing, the respondents did not have the record, therefore, could not assist the court properly. vide order dated 22.07.2019, the respondents dda were directed to produce record regarding the garages.7. mr. rajiv bansal, learned senior counsel appearing on behalf of the dda has produced the record and from the record, it is revealed that there are 168 garages in the housing society in question and the said garages were constructed from 1996 to 1998 and allotted from february 2002 to 2004. he submits, four flats make a group and total flats in the society are 672. if it is divided by 4, it comes 168.8. mr.bansal further submits that one garage is allotted to one group of flats. the flat number of the petitioner is 593. in the group wherein the petitioner is staying are flat nos. 593, 594, 595 and 596 and the petitioner is having 593.9. it is not in dispute that a garage has been allotted to flat no.594. the grievance of the petitioner is that her father applied somewhere in the year 1991 for car garages. despite, the application has not been considered and w.p.(c) 1756/2019 page 8 of 11 garage has been allotted to the allottee for flat no.594. thereafter the petitioner wrote several letters to the respondents seeking to allot her the garage.10. it is also not in dispute that the respondents had invited application for garages in the year 2001 through public advertisement, however, father of petitioner did not apply. therefore, her pleas were ignored on the ground that neither father of the petitioner was applicant nor the petitioner had filed any application within the time as mentioned in the public notice of year 2001.11. the fact remains that there are total 672 flats and with four flats, one group is made and each group, one garage is to be allotted. to the group in which the petitioner is having a flat, recently garage has been allotted by the computer draw, therefore, there is no policy to allot second garage to that group.12. this court put a specific query to the petitioner that in which year her father applied for the garage. she replied in the year 1991, whereas the respondents sought application in the year 2001 and construction of the garages started in the year 1996 onwards to 1998. thus, there was no question to make an application for garage when there was no garage in w.p.(c) 1756/2019 page 9 of 11 existence. the petitioner also failed to establish that she made application in the year 2001 when they invited the application through public notice.13. it is not out of place to mention here that the petitioner is a single lady and claimed to be an advocate. any authority, including this court expects from an educated citizen to behave with the authority in a decent manner. if the authority creates any nuisance, there is a provision in law by which one can agitate his or her grievance. my esteemed colleague justice c. hari shankar has made certain observations in his order mentioned above and i have gone through the contents of the petition made by the petitioner, which cannot be accepted.14. in such situation, it is the duty of the court to issue proceedings against the petitioner especially who claimed to be an advocate.15. however, i hereby refrain myself from doing so, for the reason that she lost her father and she is a single lady. by appearance, she seems to be more than 70 years old, whereas, she is 63 years old. somehow, she is frustrated and because of that she is fighting with the authorities.16. in view of above, i hereby find no ground to pass any order in the present petition and the same is, accordingly, dismissed. w.p.(c) 1756/2019 page 10 of 11 17. at this stage, the petitioner in person was constantly pressing this court to pass order and direct the respondents to allot a car garage and not allowed this court to proceed further in next matter. thus, she has wasted public time, therefore, i hereby impose cost of ₹50,000/- to be paid within four weeks from the receipt of this order, in favour of delhi high court legal service committee, failing which the registrar general of this court shall take steps as per law to ensure recovery from the petitioner. (suresh kumar kait) judge july29 2019 ab w.p.(c) 1756/2019 page 11 of 11
Judgment:

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:

29. 07.2019 + W.P.(C) 1756/2019 1. MS. CHARUMATI SHARMA ........ Petitioner

Through... Petitioner

in person. versus CHAIRMAN , DDA ..... Respondent Through Mr.Rajiv Bansal, Sr. Adv. with Mr.Akshay Chandra, Ms.Parul Parthi & Ms.Shweta Saini, Advs. for DDA. Mr.Rajiv Gandhi, Comm.(Housing), Mr.B.M. Thareja DW(H), Mr.J.S. Negi, Dy. Dir.(SFS), Mr.Naresh Kr. Sharma, Asstt. Dir.(SFS), Mr.Dwivedi, Jr. Law Officer & Mr.A.K. Arora, AE (SWD-6) CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT

(ORAL) Vide the present petition, the petitioner seeks direction as under: i. Issue appropriate orders against DDA to stop deliberate threats against person and premises of complainant escalated by DDA and its employees and contractors during proceedings and ii. Issue Writ against DDA for restoring the overhead water tank W.P.(C) 1756/2019 Page 1 of 11 stolen/broken by mischief of DDA contractors and iii. That the DDA stop employing and using the services of its trained criminals, rapists, eve teasers (chowkidaars and employees of RWA police gangs claiming ("haftas") weekly payments from criminals for ignoring the crimes; and iv. That the honourable Delhi High Court may issue appropriate Writ to restore the car garage adjoining ground floor flat to the ground floor flat for protection of right to live safely in the flat without threat of deliberate violation of privacy and right to life and personal liberty.

2. The brief facts of the case are that petitioner returned to India after studying Actuarial science in USA after 4 yrs service in US insurance companies as actuary. The petitioner returned to India after an unhappy marriage and divorce and joined Life Insurance Corporation of India (hereinafter referred to as ‘LIC’) as Assistant Administrative Officer (actuarial). The petitioner resigned from LIC in 2003 at the age of 47 years. Thereafter, the petitioner applied for 2 bedroom flat M.I.G. (SFS) in Delhi Development Authority (hereinafter referred to as ‘DDA’) in its 6th Self Financing Scheme (hereinafter referred to as ‘SFS’) in August 1985 for her parents who were at that time residing abroad. The petitioner requested the W.P.(C) 1756/2019 Page 2 of 11 DDA on application forms a car garage for her parents. She had added her own, car garage along with scooter garage on the application form and DDA accepted the application for MIG flat with scooter and car garage but conspired to build car garage alongside the flat for breaking in and robbery and raised criminal gangs from police and DDA for enabling DDA conspiracy against the female applicant and her parents. The DDA built garage in sector 22 DDA (SFS) flats against government orders and in defiance of authority in pursuit of its perverted, debased, depraved conspiracy to turn the petitioner into a slave for begging, sex trade and sexual assault to mock the smart independent foreign returned beautiful woman actuary who sought safety in India in employment in public sector to avoid any irreligious life in USA after divorce. The DDA applied to the Government, Ministry of Urban Development for permission to add car garages to the flats under 6th SFS scheme but the same was refused. However, the then Prime Minister and Minister of Finance and Urban Development accordingly approved that the payment of installment money can be aided by loans only from LIC. However, DDA built the car garages alongside the ground floor flats in sector 22 mentioned above, but did not allot the car garage especially at time of handing over the flats. The building W.P.(C) 1756/2019 Page 3 of 11 of flats in question was delayed by DDA by many years to do away with objections by Minister of Urban Development & Prime Minister and avoid Government scrutiny and protection of law and order in the matter. Thus, the DDA either conspired or encouraged conspiracy against the legal heirs on record in DDA. The said authority delayed final plans of the car garages until preference of area and floors were taken from the petitioner and her father, which was taken during the period after Rajiv Gandhi's (former Prime Minister) assassination when Government had suspended office work for a month.

3. Further case of the petitioner is, as per Government report, the plane which was found fit for the flight after inspection at Lakshadweep and on record is a flawless flight from Lakshadweep to Cochin went out of control immediately after takeoff and went into a spiraling uncontrollable acceleration of speed due to ill fitting acceleration shaft nuts which resemble the nuts used in DDA sewerage covered in Dwarka sector 22. However, the nuts used by the airlines for its plane at Lakshadweep had perfect threads whereas the nuts on the acceleration shafts after service at Cochin were defective, had loose threads and did not fit and fell off causing uncontrollable acceleration immediately which caused the crash. The ill W.P.(C) 1756/2019 Page 4 of 11 fitting bolts/nuts with threads not suitable for the Dornier aircraft acceleration shaft where it was replaced by service found to be with DDA for it was fitted on sewerage covers in DDA SFS flats sector 22, Dwarka only. The same covers were denied to petitioner complainant after displaying.

4. It is not in dispute that the petitioner is seeking car garage in Sector 22, Dwarka, in the DDA, SFS, MIG flats. It is pertinent to mention here that the petitioner has stated in the writ petition vide paras 9, 28, 36, 38, 42, 44, 57 & 65 which are reproduced below: “9.That DDA accepted the application for MIG flat with scooter and car garage but conspired to build car garage alongside the flat for breaking in and robbery and raised criminal all gangs from police and DDA for enabling DDA conspiracy-against the female applicant and her parents.

28. That the DDA appoints its own employees as chowkidaars along police gangs trained in soiling foundations of buildings for humiliation of females and causing rift in families and the chowkidaars and the sweeper enjoy use of car garages for urinals and toiletry and the same have in past history lead to family disunification, rape, murder and enslavement of the females and sons.

36. That the car garage is being used by DDA and built by DDA against the malicious purpose of enlarging sexual abuse of single woman applicant and in deliberate display of perverted conduct of DDA and state . the government orders with W.P.(C) 1756/2019 Page 5 of 11 38. That the DDA appoints its own employees as chowkidaars along police gangs trained in soiling foundations of buildings for humiliation of females and causing rift in families and the chowkidaars and the sweeper. 42 That after reply of the complainant to the W.R. the DDA deliberately adopted an attitude of stalling proceedings and delays for long periods which were used by DDA to deliberately cause fear and terror and humiliation it the complainant by use of obscene and insulting remarks near the windows.

44. That DDA caused ongoing delays in proceedings and used, the delays to exhibits it's criminal intent through direct recruitment and employment of rapists in car garage opposite the flat and used the police "press wala" from Dwarka North police than a to be continuous lying in touch with their game in sector 22 DDA flats and have helped the family resettle in an unlabeled flat on rooftop and broke the cover of the rooftop water tank sold to consumer for water storage along with the flat and caused and encouraged theft of water after a major, discriminatory escalation of water changes and inclusion of illegal Cess tax and sewerage tax and deliberately caused the delivery pipes to break, installed a alternative water-supply with and without meter for adjoining flats and refused to repair the same rather simultaneously increased the water charges for the sector and also for sector 4 discriminating between females single and families deliberately violating my equal right to life and property and freedom of association .

57. That DDA built the car garages in sector 22, Dwarka, against at the government orders and did not disclose or warn the consumer of criminal conspiracies of mentally perverted employees who take advantage of DDA records, office for crimes against women duplicating their wealth with forced enslavement of women and their W.P.(C) 1756/2019 Page 6 of 11 sons for promoting a degraded industry of begging, murder and robbery prevailing through the DDA, its associates in police.

65. That DDA has used office and power to be a public nuisance and make mischief in the matter of use of car garages for safe guarding cars arid encouraging and forming criminal groups for violating privacy of females, and threatens sexual assault whenever the perverted employees of DDA and their associates in police are denied entry and the use of the car garage for rape and murder is being threatened by the car garage owners.

5. In view of the averments made by the petitioner in the aforesaid paras, this matter was recused by Hon’ble Justice C. Hari Shankar on 20.02.2019 by passing order as under: “I had put it to the petitioner who appeared in person that the pleadings in this writ petition were somewhat intemperate and it would be advisable to tone them down. The petitioner submits that I am pleading the cause of the DDA, rather than the cause of justice. She reiterates the averment, submitting that, by requesting her to tone down the language used in the writ petition, I am "siding with the DDA". In my view, a court, in whom the litigant has no faith, ought not to hear the matter. It would not, therefore, be advisable for me to hear this case. List this matter before another Bench, subject to orders of Hon'ble the Chief Justice, on 5th March, 2019.” 6. The present petition has been filed by the petitioner in person and she has been appearing in person only. Moreover, the petitioner is claiming to be an advocate and her enrollment number is D/279/2009. On the last date W.P.(C) 1756/2019 Page 7 of 11 of hearing, this court specifically asked the petitioner, what she wants in the present petition. She only confined to the prayer that let the respondents be directed to allot her a car garage. On the last date of hearing, the respondents did not have the record, therefore, could not assist the court properly. Vide order dated 22.07.2019, the respondents DDA were directed to produce record regarding the garages.

7. Mr. Rajiv Bansal, learned senior counsel appearing on behalf of the DDA has produced the record and from the record, it is revealed that there are 168 garages in the housing society in question and the said garages were constructed from 1996 to 1998 and allotted from February 2002 to 2004. He submits, four flats make a group and total flats in the society are 672. If it is divided by 4, it comes 168.

8. Mr.Bansal further submits that one garage is allotted to one group of flats. The flat number of the petitioner is 593. In the group wherein the petitioner is staying are flat Nos. 593, 594, 595 and 596 and the petitioner is having 593.

9. It is not in dispute that a garage has been allotted to flat no.594. The grievance of the petitioner is that her father applied somewhere in the year 1991 for car garages. Despite, the application has not been considered and W.P.(C) 1756/2019 Page 8 of 11 garage has been allotted to the allottee for flat No.594. Thereafter the petitioner wrote several letters to the respondents seeking to allot her the garage.

10. It is also not in dispute that the respondents had invited application for garages in the year 2001 through public advertisement, however, father of petitioner did not apply. Therefore, her pleas were ignored on the ground that neither father of the petitioner was applicant nor the petitioner had filed any application within the time as mentioned in the public notice of year 2001.

11. The fact remains that there are total 672 flats and with four flats, one group is made and each group, one garage is to be allotted. To the group in which the petitioner is having a flat, recently garage has been allotted by the computer draw, therefore, there is no policy to allot second garage to that group.

12. This court put a specific query to the petitioner that in which year her father applied for the garage. She replied in the year 1991, whereas the respondents sought application in the year 2001 and construction of the garages started in the year 1996 onwards to 1998. Thus, there was no question to make an application for garage when there was no garage in W.P.(C) 1756/2019 Page 9 of 11 existence. The petitioner also failed to establish that she made application in the year 2001 when they invited the application through public notice.

13. It is not out of place to mention here that the petitioner is a single lady and claimed to be an advocate. Any authority, including this court expects from an educated citizen to behave with the authority in a decent manner. If the authority creates any nuisance, there is a provision in law by which one can agitate his or her grievance. My esteemed colleague Justice C. Hari Shankar has made certain observations in his order mentioned above and I have gone through the contents of the petition made by the petitioner, which cannot be accepted.

14. In such situation, it is the duty of the court to issue proceedings against the petitioner especially who claimed to be an advocate.

15. However, I hereby refrain myself from doing so, for the reason that she lost her father and she is a single lady. By appearance, she seems to be more than 70 years old, whereas, she is 63 years old. Somehow, she is frustrated and because of that she is fighting with the authorities.

16. In view of above, I hereby find no ground to pass any order in the present petition and the same is, accordingly, dismissed. W.P.(C) 1756/2019 Page 10 of 11 17. At this stage, the petitioner in person was constantly pressing this court to pass order and direct the respondents to allot a car garage and not allowed this court to proceed further in next matter. Thus, she has wasted public time, therefore, I hereby impose cost of ₹50,000/- to be paid within four weeks from the receipt of this order, in favour of Delhi High Court Legal Service Committee, failing which the Registrar General of this Court shall take steps as per law to ensure recovery from the petitioner. (SURESH KUMAR KAIT) JUDGE JULY29 2019 ab W.P.(C) 1756/2019 Page 11 of 11