D.D.A v. Puran Lal

S. RAVINDRA BHAT, J (JUDGE)

NAJMI WAZIRI, J (JUDGE) APRIL 22, 2013 mv

LPA No. 504/2008 Page 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON: 22nd April, 2013 + LPA No. 504/2005 DELHI DEVELOPMENT AUTHORITY ..... Appellant Through: None. versus PURAN LAL ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI % MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) 1. By this appeal, the Delhi Development Authority (hereinafter referred to as 'DDA') challenges the judgment and order of the learned Single Judge dated 04.10.2004 allowing the WP (C) No. 747/2003 preferred by the respondent Puran Lal (hereinafter referred to as 'petitioner') under Article 226 of the Constitution. The petitioner had sought for quashing of the DDA's order cancelling his allotment of plot No. B-690, given of his bona fide occupancy of a jhuggi complex in Sawan Park. 2. The brief facts necessary for deciding the present case are that the petitioner was a Jhuggi dweller in Sawan Park. The DDA and other authorities apparently drew a scheme for demolishing of Jhuggis and rehabilitation/re-settlement of its bona fides residents. The writ petitioner, apparently, was determined as one of the bona fide residents of a jhuggi cluster and allotted a plot. Some time in 2001, the DDA had sanctioned the building plan for construction of premises upon the plot. Subsequently, the LPA No. 504/2008 Page 2 DDA issued a show cause notice on 02.5.2002, proposing to cancel the allotment, alleging that the petitioner had suppressed that his name figured along with that of his father, (allottee of an alternative plot) in a common ration card and he was thus disentitled for allotment of an alternative plot. The petitioner had replied to the notice on 22.5.2002; nevertheless the DDA proceeded to issue an impugned order, cancelling the allotment and directing the petitioner to hand over the vacant and peaceful possession of the plot to it. 3. The basis for the DDA's decision is to be found in its show cause notice which, inter alia, stated as follows : "The above-mentioned plot was allotted to you under the scheme of alternative allotment of plot to the Weavers/Jhuggi dwellers of Sawan Park. The documentary evidence of your residence produced by you, was copy of a ration card No. 5498 against which another alternative plot bearing No. B-491 was allotted to your father Sh. Man Singh. Originally, the ration card was in the name of your father namely Sh. Man Singh containing your name as one of the members of his family. You are therefore directed to show cause as to why the allotment of the above said plot, made in your name, may not be cancelled. Your reply should reach to this office within 15 days from the date of issue of this letter, failing which the allotment of plot No. B-690 will be cancelled without any further notice to you." 4. The petitioner had contended before the learned Single Judge that the existence of his name and that of his father in a common ration card dated 01.1.1983 was not determinative of his allotment of an alternative plot. In his reply dated 22.5.2002, he stated that his allotment was preceded by at least two spot verifications: a process whereby residents were asked to report by the DDA to ascertain the place for verification of their claims and LPA No. 504/2008 Page 3 further verification pursuant to directions of the court which had directions in another writ petition which had cancelled the earlier allotment made. All these contentions are apparent in the averments made in the writ petition filed in this regard especially in paragraphs No. 6 to 23. Nevertheless the DDA was of the opinion that the reply given by the writ petitioner was wanting and it accordingly proceeded to cancel the allotment. 5. The learned Single Judge in the impugned order noticed that the reply/response to the writ petitioner's reply dated 22.5.2002 had brought out the fact that the DDA conducted a survey at site to identify bona fide jhuggi dwellers, during which documents were verified at the s