MEENAKSHI RAI KATARIYA Vs. DDA

JUDGEMENT

(1.) Questioning the vulnerability of the order dated 3.8.2010 passed by the learned Single Judge in W.P.(C) No. 5128/2010, the present intra-court appeal has been filed under Clause 10 of the Letters Patent.

(2.) The facts which are essential to be stated for adjudication of this appeal are that the appellant - petitioner (hereinafter referred to as 'the appellant') invoked the jurisdiction of this Court under Article 226 of the Constitution of India seeking a declaration that Clause 2(iv) of the DDA Housing Scheme, 2008 (for short 'the Scheme') is unconstitutional being opposed to public policy and also being in transgression of Section 23 of the Indian Contract Act, 1972. It was contended before the learned Single Judge that the definition of the term 'family' as defined in the Scheme prohibits the members of the family to submit individual applications and imposes such terms and conditions that are fundamentally arbitrary which invite the frown of Article 14 of the Constitution of India. That apart, it curtails the rights of the appellant to enter into contract with the DDA as a consequence of which the provisions enshrined under Section 23 of the Contract Act is violated.

(3.) The aforesaid stand was resisted by the respondent - DDA contending, inter alia, that the appellant and her husband had applied under the Scheme and both their application were put in draw of lots and the appellant was the fortunate one to get draw in her favour. At that juncture, the authority noticed that both the husband and wife had applied which was in contravention to the policy and played foul of Clause 22 of the Scheme which deals with misrepresentation or suppression of facts and the consequences. It was also urged that once the appellant had participated in the Scheme knowing fully well the nature and tenor of the Scheme, it cannot take a somersault and challenge the Scheme.