V.K.JAIN,J. - (1.) THE respondent in LPA No.670/2012 got himself registered with the appellant - DDA in the year 1976 for allotment of a residential flat. The appellant allotted an LIG flat to him at Motia Khan, vide allotment letter dated 16th August, 1998. The said flat was built on area measuring less than 65 sq.m. In the meanwhile, the appellant had come out with a Scheme known as Rohini Residential Scheme, 1981, for allotment of plots of land. The respondent also applied for allotment of a plot under the aforesaid Scheme and a plot measuring 60 sq.m. was allotted to him vide demand-cum-allotment letter dated 6th August, 2004. However, possession of the aforesaid plot was refused to him on the ground that he had already been allotted a residential flat in Motia Khan and, therefore, was not entitled to any further allotment from DDA. Since the appellant cancelled the allotment of plot to the respondent, he filed a writ petition questioning the aforesaid cancellation. The learned Single Judge, vide impugned order dated 26th May, 2011, directed the appellant to hand over possession of the aforesaid plot to the respondent if full payment in terms of the Scheme has been received by it. Being aggrieved from the aforesaid order, the appellant is before us by way of this appeal.
(2.) IN LPA No.709/2012, the respondent before us was allotted a plot of land under the Rohini Residential Scheme of the appellant and a demand-cum-allotment letter dated October 5, 2005 was issued to him. The respondent, however, did not deposit land premium with the appellant in terms of the allotment letter on the ground that one condition added in the allotment letter was to the effect that the allotment was subject to non-allotment of Janta flats. The respondent sought deletion of the aforesaid condition from the allotment letter issued to him and finding no positive response from DDA filed a writ petition seeking an order restraining the appellant from cancelling the aforesaid allotment and directing it to handover possession of the aforesaid plot to him. It would be pertinent to note here that the respondent in this case has been allotted a Janta flat constructed on an area measuring less than 67 sq. metres. The learned Single Judge, vide impugned order dated 28.10.2010 held that irrespective of allotment of a Janta flat to him by DDA, the respondent was entitled to allotment of a plot under the Rohini Residential Scheme, 1981. One of the terms and conditions stipulated in the Rohini Residential Scheme, 1981 of the appellant reads as under:- "(ii) The individual or his wife/her husband or any of his/her minor children do not own in full or in part on lease-hold or free-hold basis any residential plot of land or a house or have not been allotted on hire-purchase basis a residential flat in Delhi/New Delhi or Delhi Cantonment. If, however, individual share of the applicant in the jointly owned plot or land under the residential house is less than 65 sq. mts., an application for allotment of plot can be entertained. Persons who own a house or a plot allotted by the Delhi Development Authority on an area of even less than 65 sq. mts. shall not, however, be eligible for allotment."
(3.) SECTION 22 of Delhi Development Act, to the extent it is relevant, provides that the Central Government may, by notification in the Official Gazette, place, at the disposal of DDA, all or any developed or undeveloped land in Delhi vested in the Union known as Nazul Lands for the purpose of development in accordance with the provisions of the said Act. It further provides that after any such Nazul land has been developed by, or under the control of DDA, it shall be dealt with by the said Authority in accordance with the Rules made and directions given by the Central Government in this behalf. Section 56(j) of the said Act empowers the Government to make Rules prescribing the manner in which Nazul land should be dealt with after development. In exercise of the powers conferred upon it by Section 56(j) of the said Act, Central Government framed rules known as the DDA (Disposal of Developed Nazul Land) Rules, 1981. Rule 2(i) of the aforesaid Rules defines "Nazul land" to mean the land placed at the disposal of the Authority and developed by or under the control and supervision of the Authority under Section 22 of the Act. Rule 17 of the aforesaid Rule reads as under:- "17. General restriction to allotment for residential purposes Notwithstanding anything contained in these rules, no plot of Nazul land shall be allotted for residential purposes, to an individual other than an individual referred to in clause (i) of rule 6, who or whose wife or husband or any of his or her dependent children, whether minor or not, or any of his or her dependent parents or dependent minor brothers or sisters, ordinarily residing with such individual, own in full or in part, on lease-hold or free-hold basis, any residential land or, house or who has been allotted on hire-purchase basis any residential land or house in the Union territory of Delhi: Provided that where, on the date of allotment of Nazul land,- (a) the other land owned by or allotted to such individual is less than 67 square metres, or (b) the house owned by such individual is on a plot of land which measures less than 67 square metres, or (c) the share of such individual in any such other land or house measures less than 67 square metres, he may be allotted a plot of Nazul land in accordance with the provisions of these rules." ;