Full Text
W.P.(C) 2468/2011
RAJESH KUMAR..... Petitioner
Through: Mr. Rajeshwar Dagar, Adv.
Through: Ms. Zubeda Begum, adv. For R-1 Ms. Sobhna Takiyar, Adv. For DDA
HON'BLE MR. JUSTICE V.K. JAIN
/o 20.02.2013 The grievance of the petitioner is that residential plots allotted by
DDA to the persons whose land is acquired for land development of Delhi, popularly known as alternative plots, are being sold and purchased in contravention of the terms and conditions governing such allotment. This is also the case of the petitioner that under the terms ofthe lease deed, no such transfer can be made without permission of the Lessor and in the event of such permission being granted, the lessor is entitled to recover 50% of the unearned increase from the transferee. The petitioner has accordingly sought the following reliefs:
W.P.(C) 2468/20Jl Page 1 of3 2013:DHC:7467-DB. '"
-L
•
"1. Issue an appropriate writ(s), order(s) or direction(s) in the nature of mandamus, directing the respondent no.1 and 2 to initiate and take appropriate legal action in respect of the extensive scam relating to the illegal sale and the purchase of the residential plots allotted under the scheme of Large Scale Acquisition, Development and Disposal of Land in Delhi as disclosed to the respondent no.1 and 2 by the petitioner vide representations dated 26.10.2010 and 27.10.2010 and direct the respondents: a. Either recover the fifty per cent unearned increase in the value ofthe residential plots or; b. Cancel the allotment of the residential plots for the violation of terms and conditions of the allotment and recover the actual physical possession of the plots where the same has been transferred to the allottee."
ORDER
2. According to the petitioner, he had submitted a representation to the Lt. Governor of Delhi, complaining of the aforesaid violation and the said representation is Annexed-P[4] (colly) to the petition, but, no action in the matter has been taken by the respondent despite receiving representation from the petitioner.
3. In these circumstances, we dispose of the writ petition with the following directions:
(i) The petitioner shall submit, to the respondents, within four weeks, the documents evidencing specific transactions of sale/ purchase of alternative plots without prior permission of the Lessor and without payment ofunearned increase; W.P.(C) 2468/2011 Page 2 of[3] 2013:DHC:7467-DB...- ~.. t -...L
(ii) on receipt of the documents evidencing such transaction, the respondent shall make an inquiry into such transactions and take appropriate action in accordance with law, wherever breach of the terms of the lease/allotment on the part of the allottees/ lessees is found;
(iii) the exercise in terms of these directions shall be carried out by the respondents as expeditiously as possible.
FEBRUARY 20, 2013 rd