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-4' <2/' $r'i9 HIGH COURT OF DELHI LPA No.299/2012 & CM No.6899/2012 (for direction)
MAHESH SHANKAR DARBARI Appellant
Through: In person.
MAHESH SHANKAR DARBARI Appellant
Through: In person.
VERSUS
DELHI DEVELOPMENT AUTHORITY Respondent
Through: Ms. Sangeeta Chandra, Advocate.
Through: Ms. Sangeeta Chandra, Advocate.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW
04.05.2012 Without stating the facts in detail, it is sufficient to point out that the learned Single Judge vide order dated 3 1.10.2011 directed the respondent-DDA to hold a mini draw in respect of SFS flats
(Category-Ill/HIG) at Kalkaji (Pocket A-4) and Motia Khan under written intimation to the appellant herein. Since the appellant had initially got a flat booked in the Motia Khan Scheme, he moved application for modification of the aforesaid order with a request that mini draw of lots should be confined to Motia Khan only. This application has been dismissed by the learned Single Judge vide order dated 08.12.2011. Questioning the validity of this order, instant appeal is preferred.
Learned counsel appearing for the DDA, however, points out that even the first order, i.e., order dated 31.10.2011 of the learned Single Judge including flats of Motia Khan in the mini draw of lots is not appropriate. She submits that it has transpired that the flats at Motia Khan which are available were built only in the year, 2010 and they are not SFS flats for which the appellant had got himself registered but are HIG Flats. It is further submitted
2012:DHC:8234-DB MAY 04, 2012 pmc JDLAW,)
- that the cost of the flats at Motia Khan, even to the DDA is in the neighbourhood of Z80 to 84 lacs and therefore, it could not be included in the mini draw of lots, as the appellant could not lay his claim over these flats. For this reason, it is submitted that the DDA itself is contemplating to file review petition against the order dated
31.10.2011 for exclusion of Motia Khan flats altogether from the mini draw of lots. It is further informed that the said review petition shall be filed within two weeks from today.
In the aforesaid circumstances, as of now, it would be difficult to accede to the prayer of the appellant for holding the mini draw of lots in respect of Motia Khan flats alone.
We, thus, dispose of this appeal with liberty to the appellant to seek revival of this appeal depending upon the outcome of the review petition, which the DDA is contemplating to file before the learned Single Judge.
The appellant at this stage states that the respondent DDA may not allot the flats at Motia Khan to any other person. As per the order of the learned Single Judge, as the same stands as of today, the learned Single Judge has directed holding of mini draw of lots by including the flats at Motia Khan. Therefore, it goes without saying that till the draw of lots is held or that order is altered, the
DDA shall not allot these flats to third parties.
ACTINGCHIEF JUSTICE
2012:DHC:8234-DB
HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW
04.05.2012 Without stating the facts in detail, it is sufficient to point out that the learned Single Judge vide order dated 3 1.10.2011 directed the respondent-DDA to hold a mini draw in respect of SFS flats
(Category-Ill/HIG) at Kalkaji (Pocket A-4) and Motia Khan under written intimation to the appellant herein. Since the appellant had initially got a flat booked in the Motia Khan Scheme, he moved application for modification of the aforesaid order with a request that mini draw of lots should be confined to Motia Khan only. This application has been dismissed by the learned Single Judge vide order dated 08.12.2011. Questioning the validity of this order, instant appeal is preferred.
Learned counsel appearing for the DDA, however, points out that even the first order, i.e., order dated 31.10.2011 of the learned Single Judge including flats of Motia Khan in the mini draw of lots is not appropriate. She submits that it has transpired that the flats at Motia Khan which are available were built only in the year, 2010 and they are not SFS flats for which the appellant had got himself registered but are HIG Flats. It is further submitted
2012:DHC:8234-DB MAY 04, 2012 pmc JDLAW,)
- that the cost of the flats at Motia Khan, even to the DDA is in the neighbourhood of Z80 to 84 lacs and therefore, it could not be included in the mini draw of lots, as the appellant could not lay his claim over these flats. For this reason, it is submitted that the DDA itself is contemplating to file review petition against the order dated
31.10.2011 for exclusion of Motia Khan flats altogether from the mini draw of lots. It is further informed that the said review petition shall be filed within two weeks from today.
In the aforesaid circumstances, as of now, it would be difficult to accede to the prayer of the appellant for holding the mini draw of lots in respect of Motia Khan flats alone.
We, thus, dispose of this appeal with liberty to the appellant to seek revival of this appeal depending upon the outcome of the review petition, which the DDA is contemplating to file before the learned Single Judge.
The appellant at this stage states that the respondent DDA may not allot the flats at Motia Khan to any other person. As per the order of the learned Single Judge, as the same stands as of today, the learned Single Judge has directed holding of mini draw of lots by including the flats at Motia Khan. Therefore, it goes without saying that till the draw of lots is held or that order is altered, the
DDA shall not allot these flats to third parties.
ACTINGCHIEF JUSTICE
2012:DHC:8234-DB
JUDGMENT