CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-
110066
File No.CIC/LS/A/2009/000541
Appellant : Shri Y.M. Kanwar
Public Authority : Delhi Development Authority
(through Shri Anil Sharma, Asstt. Director)
Date of Hearing : 20.8.2009 & 24.8.2009
Date of decision : 24.8.2009
FACTS
:
This matter, in short, is that Shri N. Nagarajan is a member of
Vrindavan Group Housing Society, Sector-06, Dwarka. He was allotted
Flat No. A-48, in May, 2007, by the society. Another flat, that is, A-08
was allotted to Dr. Mohammad Ayub. Yet another flat viz. B-47 remained
un-allotted. As per rules, the allotments made by the Society are to be
approved/regularised by DDA on payment on regularisation fee at the rate
of 1000/- per flat. However, before the allotment could be regularised by
DDA, Shri N. Nagarajan sold off the flat to Smt. Krishna Kanwar w/o
appellant herein. As regularisation fee was not paid, the DDA did not
regularise the flat in favour of Shri N.Nagarajan. The buyer took the
matter to the Hon’ble Delhi High Court which ordered re-draw of the flats.
This has since been done by DDA and it has allotted Flat No. B-47 to Shri
N. Nagarajan instead on A-48. The appellant in unhappy with this and
wants allotment of Flat No. A-48. It is in this context, that the appellant
has filed the present appeal before the Commission.
2. The matter was partially heard on 20.8.2009. The hearing was
resumed on 24.8.2009. It is the submission of Shri Anil Sharma that DDA
does not recognize the buyer of Flat No. A-48 in as much as the allotment
made by the Society has not been regularised by DDA. On the other hand,
it is the submission of the appellant that regularisation fee of Rs. 1000/- has
since been paid and he requests for regularisation of flat in the name of
original allottee viz. Shri N. Nagarajan.
DECISION
3. The request of the appellant appears to be genuine. The matter
appears to have been complicated due to invocation of the jurisdiction of
Hon’ble Delhi High Court, resulting in fresh allotment to the disliking of
the appellant. Be that as it may, Smt. Asma Manjar, Commissioner (Land
& Disposal), is hereby directed to consider the matter sympathetically for
an appropriate decision. The appellant assures the Commission that if, on
reconsideration, Flat No. A-48 is restored to Shri N. Nagarajan, he would
withdraw the suit pending in the Hon’ble High Court.
4. The order of the Commission may be complied with in 06 weeks
time.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be
supplied against application and payment of the charges, prescribed under
the Act, to the CPIO of this Commission.
(K.L. Das)
Assistant Registrar
Address of parties :-
1. Smt. Asma Manjar,
Commissioner (Land & Disposal),
DDA, Vikas Sadan, INA,
New Delhi-110023
2. Shri Anil Sharma
Asstt. Director,
DDA, Vikas Sadan, INA,
New Delhi-110023
3. Shri Y.M. Kanwar
R/o A-2517, Netaji Nagar,
New Delhi-110023