ASIAD VILLAGE SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a society registered under Regulation 41 of the Delhi Development Authority (Management & Disposal of Housing Estates) Regulations, 1968 framed by Delhi Development Authority in exercise of its power under Section 57 of the Delhi Development Act, 1957. The members of the society are various residents and allottees of the dwelling units at Asian Village complex. The case of the petitioner is that Asiad Village was originally conceived and constructed by DDA as Housing Complex. In the year 1983, after the Asian Games were over the residential units in the complex were offered to Non-Resident Indians. However, as the response to the offer to NRIs was very poor, the remaining dwelling units were offered to the Public Sector Corporations and Companies. On again finding inadequate response, in the year 1986, the units were offered to the general public. It is stated that about 853 houses were offered as per the terms contained in the brochure published by DDA.

(2.) The petitioner further states that pursuant to the above representation of DDA, its members applied for allotment of dwelling units and were ultimately allotted the units on 99 years lease. It is alleged that DDA for these units charged prices which were many times higher than the prevailing market price in respect of similar units sold by DDA in and around Asiad Village Complex. It is alleged that the prices were kept high only because DDA offered the said units as part of a prestigious complex and having exclusive services not available to the residents of other dwelling units constructed and sold by DDA in its various schemes at Delhi.

(3.) The petitioner proceeds to submit that it was obligatory on the part of DDA to hand over all common areas within the Asian Village Complex to it (petitioner society) for the purpose of provision of all facilities mentioned in the brochure.