Amir Singh Aggarwal v. Arun Goel

1. This is a petition seeking initiation of contempt proceedings for violation of the order and judgment dated 09.10.2015 passed in WP(C) 4604/2012. The operative portion of the order / judgment reads as under:- “Consequently, as the restriction for allotment as envisaged under Rohini Residential Scheme is inapplicable to the facts of the present case, this Court quashes the show cause notice dated 07th June, 2012 issued by respondent-DDA to the petitioner. Respondent-DDA is further directed to allot a MIG plot under the Rohini Residential Scheme as per Nazul Land Rules after holding a mini draw within a period of twelve weeks.”

2. Pursuant to the said directions, the respondent - DDA held a draw of lot on 28.10.2016 and allotted a 60 sq. mtrs. plot to the petitioner.

3. On 23.03.2018 vide demand-cum-allotment letter, Plot No. 158, Pocket No. A-1, Sector – 35 in the Rohini Residential Scheme was allotted to the petitioner.

4. It is stated by Mr. Aggarwal, learned counsel for the petitioner that this draw of lot held on 28.10.2016 is contempt of the order / judgment dated 09.10.2015. To substantiate his submission, Mr. Aggarwal, learned counsel has drawn my attention to DDA (Disposal of Developed Nazul Land Rules), 1981 (hereinafter called the DDA Nazul Land Rules), and more particularly, Rule 18 which reads as under:-

5. In this view of the matter, the allotment of 60 sq. yds. plot is violative of the Rule 18(ii) of DDA Rules, 1981 and the petitioner should have been allotted 167 sq. mtrs. plot but anyways not less than 105 sq. mtrs.

6. Mr. Pant, learned standing counsel for the respondent has drawn my attention to the Rule 45 of DDA Nazul Land Rules which reads as under:- “[45. Directions to the Central Government to be supplementary to rules (1) The directions given from time to time, by the Central Government under sub-section (3) of section 22 of the Act, shall be supplementary to but not in derogation of the provisions of these rules for dealing with the Nazul land. (2) In particular and without prejudice to the generality of the foregoing provisions, such directions may be given - (a) for removing any doubt or dispute or difficulty arising in giving effect to the provisions of these rules, or (b) for dispensing with or relaxing the requirement of any rule to such extent and subject to such exceptions and conditions as may be specified in the direction, in any particular case where the Central Government, for reasons to be recorded by it is satisfied that the operation of any rule in that case causes undue hardship having regard to the objects of the Act.]”

7. The Central Government took a policy decision that henceforth in LIG Category, plot size of only 32 sq. mtrs would be allotted and in the MIG Category, plot size of only 60 sq. mtrs. would be allotted. The decision was notified by a public notice published on 01.11.1999 by the DDA.

8. It is stated by Mr. Pant, learned standing counsel that pursuant to the directions of the Government and in accordance with the Rule 45 of the DDA Nazul Land Rules, the DDA on 06.08.1999 took a decision to reduce the plot sizes of MIG Category from 90 sq. mtrs. to 60 sq. mtrs.