Delhi HC directs DDA to handover flat to a family, 39 years after booking

New Delhi: The Delhi High Court directing the landowning agency to hand over its possession to the allottee while pulling it up for its “non-caring attitude,” A family’s tireless wait of 39 years for a DDA flat seems to be ending soon.
The court held cancellation of the allotment of the residential flat to the family as illegal and contrary to law and said the case revealed a “sordid state of affairs” as the Delhi Development Authority (DDA) has failed to maintain records.
A Delhi resident had applied for the flat in the DDA’s residential scheme in 1979 and was declared successful for the allotment. The man, J C Madan, died in 1984 and his wife and son were pursuing the matter with the authorities.

“The application by the husband of plaintiff no. 1 (wife Kaushalya) and father of plaintiff no.2 dates back to 1979. The family has waited for more than 39 years for allotment of a MIG flat. The record speaks volumes of the complete non-caring attitude of an authority like the DDA.
“The demand cum allotment letter has been generated in multiple originals and not a single one of them was sent and delivered to the plaintiffs. Thus, the cancellation is illegal and contrary to law,” Justice Prathiba M Singh said.

The court granted a decree in favour of Madan’s wife for a flat in Dwarka’s Sector 13 on payment of Rs 10.16 lakh by them to the DDA by July 31.
The court also said that a copy of its order be sent to the Lieutenant Governor and Vice Chairman of DDA for issuing appropriate orders and directions with regard to maintenance of records by the agency DDA and for considering setting up an online feature on its portal to enable proper and complete tracking of current status of files and correspondence.

“The files of the DDA go to show that it does not preserve (for whatever reason) the correspondence in a proper manner. There is no method by which a citizen can ascertain as to whether his/her letters have reached the DDA and if so how long he/she should wait for a reply. For an ordinary litigant, approaching court is the last resort.
“This entire litigation after the allotment in 2002 could have been completely avoided if there was proper maintenance of correspondence by the DDA. The DDA would have known that there was a change of address through the letter sent by the plaintiffs. Even in 2006, the DDA came out with the policy for considering the individual cases but it still did not consider the plaintiffs case,” the court said.

DDA officials get 4 Yrs RI for demanding bribe from Dhaba owner

New Delhi: A city court has sentenced two DDA officials to four years of rigorous imprisonment each for demanding Rs 6,000 bribe every month for allowing a man to run his eatery illegally in northwest Delhi.
Special Judge Ashutosh Kumar handed down the jail term to Delhi Development Authority (DDA) officials Mukesh Chander and Satyabir Singh for demanding monthly bribe from the man, whose ‘Dhaba’ (eatery) faced closure after he received a notice from authorities for illegally running it.

“It is proved beyond reasonable doubt that accused Mukesh being a ‘khalassi’ in DDA (government servant) made demand of bribe of Rs 6,000 per month from the complainant as a motive or reward for ensuring that no action on showcause notice is taken against the ‘dhaba’ being run by complainant and his father outside their residential premises (non conforming area).

“It is further proved beyond reasonable doubt that a conspiracy was hatched between Mukesh and Satyabir Singh (also a government servant), where there was meeting of minds between them as per which accused Satyabir Singh was to negotiate the bribe amount with the complainant while assuring him that the complaint would be deleted,” the judge said.

The court handed down the jail term to them for the offences of criminal conspiracy under the IPC and demanding bribe under Prevention of Corruption (PC) Act.

CWG village flats: Pay dues to DDA, court tells Emaar MGF

The Delhi High Court Monday directed Emaar MGF, which has built the flats in the Commonwealth Games (CWG) Village, to pay over Rs.16 crore dues to Delhi Development Authority (DDA) so that the land owning agency would issue completion certificates for the flats.

Justice Hima Kohli also asked the agency to issue power of attorney to the Emaar MGF after getting dues so that the possession of the flats could be given to the owners.

The counsel appearing for DDA Monday told the court that it has been issued completion certificates for 26 towers and for remaining four towers (13, 17, 31 and 36) it would issue the certificates after clearance of its dues.

DDA was earlier directed by the court to expedite the process of issuing completion certificates to 30 of the total 34 towers of the CWG village.

The court had earlier noted that DDA was discriminating in issuing certificates to the flats and choosing towers arbitrarily for itself, it also directed the agency to keep four towers – 5 and 15 (Emaar MGF share) and 26 and 29 (DDA’s own share) out of total 34 towers to allot them to flat buyers in case some flats were demolished due to violation of building bylaws.

The court’s order came on a plea of CWG Flat Allottees Association seeking a direction to the DDA to issue completion certificates for more than 400 flats so that the private builder could hand over the possession to them.

The association said: “The DDA is in possession of the entire project comprising 1,168 flats in 34 towers, of which 711 are unencumbered flats and no party has any right on them.”

“The allottees are at a loss in the fight between the developer and the agency and that instead of issuing the completion certificate to the project developer, the agency had arbitrarily sealed the flats only in two towers,” said the petition filed by the CWG Allottees Welfare Association.

 

 

Delhi mosque demolition: DDA to file report in court

The Delhi Development Authority (DDA) will Friday submit its report to the Delhi High Court on the mosque built illegally on its land in the Jangpura area in 2005 and which was demolished Wednesday.

Facing a contempt threat from the high court, the DDA – after several failed attempts – succeeded in razing the mosque. The demolition had engraged the Muslim community. A crowd of over 200 men and women gathered at the site Thursday but were prevented from offering prayers at the site, following which they turned violent and torched a bus.

Advocate R.K. Saini said that the DDA will submit its report Friday, as it was listed for Jan 14. The petition will be taken up by Justic G.S Sistani.

Peeved over the encroachment affecting their colony’s development, the Jangpura Residents Welfare Association in 2006 approached the court protesting the failure of municipal authorities to remove illegal structures. The petitioners had argued that they could not build a community centre and a park in their locality due to the encroachment.

But, the court, on an assurance by the authorities, disposed of the petition in 2008. “The matter was then referred to Delhi government’s religious committee which gave its approval for demolishing the structure in October 2009, and the case was then forwarded to Delhi Lt Governor Tejendra Khanna, who gave his nod soon after,” said Saini, the lawyer for the RWA.

In 2010, DDA tried demolishing the mosque six times, but was unable to do so due to lack of adequate police protection.

Frustrated with the lack of action, the RWA again moved the court in October 2010. The high court then issued a contempt notice against Khanna, the DDA vice-chairman and the commissioner (Land and Management) and asked them to submit a compliance report within four weeks.

“Since the next date of hearing is Jan 14, we moved ahead with the demolition plan,” said DDA spokesperson Neemo Dhar.

Meanwhile the state Wakf Board claimed the land on which the structure stood belonged to it.

“This land is wakf property and we have to moved to challenge this demolition tomorrow (Friday),” Mohammad Arif, an officer of Delhi Wakf Board said.

However Saini told IANS that the Wakf Board is not the party to the case. “If they approach the court than its upto the court to decide on their petition,” he said.

This is not the only piece of DDA land acquired illegally. There are at least 350 religious encroachments on DDA land at present, said officials. As per an internal DDA survey carried out in 2010, a total of 39.38 acres of land has been encroached upon by religious structures, mostly in east Delhi.

The MCD has been trying to prevent such encroachments. “The MCD commissioner has directed deputy commissioners to ensure that no new religious encroachments come up on MCD land,” said press and information director Deep Mathur.