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2012 DIGILAW 463 (DEL)

Pappan Kumar v. Dusib

2012-02-07

HIMA KOHLI

body2012
JUDGMENT : Hima Kohli, J. 1. These petitions have been filed by five petitioners praying inter alia for directions to the respondents to allot them flats under the Residential Flats Registration Scheme for Slum Dwellers and Others 1985. 2. It is the stand of the petitioners that they were residing in slums situated in various parts of Delhi since the year 1985. As the respondent/DDA launched a scheme to improve the quality of life of dwellers in the areas notified as slum under the Slum Areas (Improvement and Clearance), Act 1956, Jhuggi Jhopris, slum rehabilitation colonies, Jhuggi Jhopri resettlement colonies etc. by providing them residential flats on easier terms linked with affordability and opened the said Scheme for registration from 21.11.1985 to 30.12.1985, the petitioners, claiming to be eligible to apply under the said scheme, submitted their applications to the respondent/DDA. It is stated by the counsels for the petitioners that each of the petitioners have duly deposited the registration amount under the aforesaid scheme, whereafter, they have been patiently waiting for the past 27 years in the hope of being allotted flats under the said Scheme, but to no avail, thus compelling them to file the present petition, for appropriate directions to be issued to the respondents to allot flats to those entitled and registered under the said Scheme. 3. The stand of the respondent/DUSIB, erstwhile Slum and J.J. Department, MCD is that the DUSIB is the implementing agency of the Scheme. He states that as per the terms and conditions of allotment under the aforesaid Scheme, 5662 flats have already been allotted to the registrants, thus leaving 20,000 registrants in the wait-list. It is averred in the counter affidavit that the remaining registrants could not be allotted flats due to paucity of funds and land, which were to be provided by the Ministry of Urban Development, Govt. of India. However, today, counsel for the respondent/DUSIB submits that both, funds and land are required to be provided by Government of NCT of Delhi and not the Government of India. It is further stated that though there is no fixed timeline, within which the flats were to be allotted to the registrants under the aforesaid Scheme as would be apparent from a perusal thereof, the only reason that the wait-listed registrants have not been accommodated is due to non-availability of funds. It is further stated that though there is no fixed timeline, within which the flats were to be allotted to the registrants under the aforesaid Scheme as would be apparent from a perusal thereof, the only reason that the wait-listed registrants have not been accommodated is due to non-availability of funds. In this regard, he hands over a copy of the letter dated 05.01.2011 addressed by the Department to the Principal Secretary (Urban Development), Govt. of NCT of Delhi, requesting the latter to provide Rs. 200 crores for the acquisition of land at village Bakoli for construction of flats under the aforesaid scheme. He further states that Delhi Government was also requested to take steps to acquire 100 hectares of land in the revenue estate of village Bakoli and to make it available for purposes of construction of flats. 4. Counsel for the respondent/Govt. of NCT of Delhi states that at the request of the respondent/DUSIB, the government had acquired land measuring 747 bighas 7 biswas at village Bhalswa Jhangirpuri during the period from 1998 to 2001 and had further acquired 942 bighas 12 biswas of land at village Ghewra in the year 2003. Possession of the aforesaid tracts of land has already been handed over to the respondent/DUSIB. As regards acquisition of additional land at village Bhalswa Jhangirpuri, the same could not be acquired by the Government due to certain interim orders passed in a large number of writ petitions pertaining to the aforesaid village. It is further averred in the counter affidavit filed by respondent No. 2/GNCTD that the request received from the respondent/DUSIB to acquire additional land at village Bakoli has been considered by it at the highest level, whereafter the Land Acquisition Collector (North-West) has been directed to conduct a joint survey and take necessary steps to initiate acquisition proceedings. 5. It is pertinent to note that the aforesaid affidavit was filed by the respondent/Govt. of NCT of Delhi in May 2011, when it was stated that as soon as the draft notification and other relevant documents would be received from the Land Acquisition Collector, the same would be placed before the Lieutenant Governor, NCT of Delhi, for necessary approvals for issuance of requisite notification under the Land Acquisition Act, 1894. However, counsel for the respondent/Govt. However, counsel for the respondent/Govt. of NCT of Delhi is unable to inform the court as to the current status of the aforesaid process initiated by the Land and Building Department, Govt. of NCT of Delhi for acquisition of additional land. As regards, the second aspect relating to release of funds sought by the respondent/DUSIB from the Government of NCT of Delhi, as requested in its letter dated 05.01.2011 mentioned hereinabove, there is no averment in the affidavit with regard to the status of funds sought for construction of flats under the said Scheme. 6. It appears from the above that there is some lack of communication and co-ordination between the three government agencies, which has not been ironed out despite the pendency of the present petitions. As a result, though the petitioners are waitlisted registrants for the past innumerable years, they have been kept waiting for allotment of flats under the Scheme floated by DDA in the year 1985. In the aforesaid circumstances, it is deemed expedient to dispose of the present petitions with the following directions:- (i) The Chief Secretary, Govt. of NCT of Delhi shall convene a meeting to be attended by the Principal Secretary, Department of Urban Development as also the Secretary, Land & Building Department of the Govt. of NCT of Delhi and the CEO, DUSIB, the implementing agency of the Scheme to discuss the manner and the timeline in which the waitlisted registrants under the Scheme can be allotted residential flats. The said meeting shall be convened within a period of two weeks. (ii) In the aforesaid meeting, the respondent/DUSIB shall make available the list of pending registrants including the petitioners herein and place on record its requirements for the purposes of implementation of the Scheme. (iii) The entire mode and manner of making available the funds as also the land for construction of the remaining flats under the aforesaid Scheme shall be minutely examined, in the aforesaid meeting, whereafter, steps shall be initiated by the concerned agencies to make an action plan for the purposes of implementation of the Scheme in a time bound manner. (iv) For the aforesaid purpose, the Principal Secretary (Urban Development), Govt. of NCT of Delhi, shall be designated as the Nodal Agency so as to co-ordinate between the different agencies and to take steps to process the cases of the wait listed registrants under the aforesaid Scheme. (iv) For the aforesaid purpose, the Principal Secretary (Urban Development), Govt. of NCT of Delhi, shall be designated as the Nodal Agency so as to co-ordinate between the different agencies and to take steps to process the cases of the wait listed registrants under the aforesaid Scheme. (v) In view of the stand of the respondent/Govt. of NCT of Delhi as taken and noted in paras No. 4 & 5 hereinabove, it shall take immediate steps to initiate acquisition proceedings within a period of six weeks from the date of convening the meeting of the aforesaid agencies. Simultaneously, the Govt. of NCT of Delhi shall process the request received from the respondent/DUSIB for allocation of funds for the purpose of construction of flats under the aforesaid Scheme, so that the petitioners and all other similarly placed wait listed registrants can be allotted flats under the aforesaid Scheme, hopefully in their lifetimes. The petitions are disposed of.