NARGIS AND ORS. Vs. DDA AND ORS.

JUDGEMENT

(1.) CM No. 6020/2010 in WP (C). No. 13309/2009.

(2.) THIS is an application for restoration of the petition, which was dismissed on 23.04.2010 for non -appearance. Notice in this application was issued. No reply has been filed. Counsel for respondents submit that they have no objection if the application is allowed. Consequently, application is allowed. Let the petition [WP(C).NO.13309/2009] be restored to its original number and file.

(3.) THIS is the third round of litigation by the petitioners for seeking allotment of an alternate plot after demolition action, which was carried out on 16.1.1988. The necessary facts for disposal of the writ petition as stated in the petition are : that the petitioners were evicted from pucca and semi pucca houses in Kardam Puri area and were issued demolition slips after survey and verification of the evictees. On 29.6.1993, a draw was held for the allotment of plots to the petitioner in a resettlement scheme at Kondli after verification of eligibility and they were declared successful for specific plots of 40 sq. yards each in block B and C. Certain complaints were received against some officers of the Slum and JJ Department regarding allotment and holding of draw on 29.6.1993. Thus, the possession of the plots were not handed over to the petitioners. Aggrieved by the action of the DDA, the petitioners herein filed a complaint before the District Consumer Forum. However, the same was dismissed on 27.2.1998 as premature as the case of allotment to the petitioners and others in Kondli resettlement scheme was still under investigation by the CBI. Petitioners thereafter filed a writ petition No.3124/1999 before this Court which was disposed of on 19.8.2002, with a direction to the DDA that the case of the petitioners be considered as per their eligibility for alternate allotment and after consideration, if the petitioners are still aggrieved by the decision of the DDA, they would be at liberty to impugn the order. In compliance with the order of this Court dated 19.8.2002; the petitioners were asked to appear before the Committee on 10.4.2003, with relevant records. However, vide letter dated 7.1.2004, the DDA rejected the case of the petitioners for alternate allotment on the ground that they did not submit supportive documentary evidence like ration cards, voter certificates, driving licences etc.