HIGH COURT OF DELHI
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(1.) The present appeal is filed by the DDA challenging the legality of the
order dated 5th December, 2005 passed by the learned Single Judge directing the
appellant to allot a flat to the respondent in the LIG category on payment of
current rate. By Order dated 4th May, 2007, we had stayed the operation of the
impugned judgment. Matter is listed today for arguments, on which we have
heard learned counsel for the parties. They have also taken us through the
(2.) Residential accommodation of the respondent was demolished by the DDA
during emergency. A policy was framed by the appellant under which all persons
whose houses in Patparganj area were demolished during emergency were to be
allotted alternative accommodation. The respondent took advantage of the
aforesaid policy and submitted an application seeking an allotment of an
alternative flat. It appears that an order was passed on the said application
by the Executive Officer to allot a Janta Flat to the respondent. Consequent
thereto, a Janta Flat No. 271, Madipur, Delhi was allotted to the respondent
on hire purchase basis.
(3.) The respondent made a number of representations to the appellant
contending, inter alia, that the appellant should at least allot her a MIG
Flat. The aforesaid grievance of the respondent was considered by the
Lieutenant Governor and he forwarded the her application to the Vice Chairman,
DDA. While forwarding the said application, the Lieutenant Governor endorsed
the remark that the respondent be given a LIG Flat instead of Janta Flat.
However, even the aforesaid recommendation of the Lieutenant Governor was
ignored and the appellant did not change their earlier order and instead
cancelled the allotment of the Janta Flat allotted in favour of the respondent
on the ground that payment for the flat was not made. The Presiding Officer of
the permanent Lok Adalat also passed a similar order for allotment of LIG Flat
but the same was not accepted by the appellant.;
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