REKHA Vs. MCD
LAWS(DLH)-2007-5-249
HIGH COURT OF DELHI
Decided on May 31,2007

REKHA Appellant
VERSUS
MCD Respondents

JUDGEMENT

HIMA KOHLI, J. - (1.) By way of the present petition, the petitioner prays for issuance of a writ of certiorari for quashing the allotment letter dated 5th, April, 2006 issued by the respondent No.1, Municipal Corporation of Delhi (hereinafter referred to as 'the MCD') to the respondent No.2 as also for quashing of the letter dated 10th April, 2006 by which the earlier allotment letter dated 14.6.2005, issued to the petitioner by the respondent corporation, in respect of the same Government accommodation bearing No.D-1/6, 10 Rajpur Road, Delhi, was cancelled. The petitioner has also prayed for directions to the MCD to allot and handover possession of the aforementioned accommodation to her.
(2.) A brief narration of the relevant facts of the present case is necessary. The admitted position is that the petitioner is working as the Chief Medical Officer with the MCD. Vide allotment letter dated 14.6.2005, the petitioner was allotted a Type-V Flat bearing No. D-1/6, 10, Rajpur Road, Delhi (hereinafter referred to as "the said flat"), situated on the ground floor, on medical grounds of her husband. Contemporaneously, the respondent No.3, working as the Head of the department of Paediatrics, Hindu Rao Hospital, who was due to retire on 30th April, 2006, applied to the MCD for regularization and allotment of the aforesaid flat which was in her occupation, in favour of her daughter-in- law, i.e., respondent No.2, also a doctor posted in Hindu Rao Hospital. The said request made by the respondent No.3 was turned down by the MCD. In the beginning of the year 2006 itself, the respondents Nos. 2 and 3 again applied for regularization of the said flat in favour of respondent No.2, which request was again turned down by the MCD on the ground that the pay-scale of the respondent No.2. was Rs.8,750/- and thus she was entitled only to a Type-III flat and not to a Type-V flat. However, on 8.3.2006, the case of the respondents Nos. 2 and 3 was taken up suo motu by the MCD and on the grounds of the medical condition of the respondent No. 3"s daughter, sister-in-law of the respondent No.2, the MCD allotted and regularized the said flat in favour of the respondent No.2, vide order dated 8th March, 2006, followed by an allotment letter dated 5.4.2006. Thereafter, the petitioner was served with a letter dated 10th April, 2006 by the MCD, withdrawing the earlier allotment letter issued to her on 14th June, 2005, in respect of the same flat.
(3.) Considering the fact that the plea of the petitioner is that the aforesaid action of the MCD in allotting a Type-V flat to the respondent No.2 beyond her entitlement and on an out of turn basis and cancelling the allotment made in her favour, behind her back, is contrary to the applicable Rules and Regulations, it is relevant to take note of the relevant Rules for the purposes of allotment of government accommodation to Municipal employees. For the said purpose, the MCD has adopted the Fundamental Rules and Supplementary Rules as applicable to the Central Government Employees. Initially, based on the provisions as contained in Allotment of Government Residences (General Pool in Delhi) Rules 1963, The Delhi Municipal Corporation (Allotment of Municipal Residences) Regulations, 1971 were framed under Section 98 (c) read with Section 480(1) of the Delhi Municipal Corporation Act for application in the general wing of the Corporation. Also, the amendments as effected in the Allotment of Government Residences (General Pool in Delhi) Rules 1963 (hereinafter referred to as 'the Rules'), as amended from time to time are applied mutatis mutandis by the MCD to its employees.;


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