D D A Vs. SUSHILA SHARMA
LAWS(DLH)-2007-9-77
HIGH COURT OF DELHI
Decided on September 13,2007

D.D.A. Appellant
VERSUS
SUSHILA SHARMA Respondents

JUDGEMENT

- (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 records.
(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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