P.N. KOHLI Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner, claiming to be the owner of Flat No. 46, Vasant Cooperative Group Housing Society, Mayur Vihar Phase-I, Delhi and having carried out certain additions and alterations in his flat which have been booked as unauthorized by the MCD and with respect whereto an order of demolition has been passed, has filed this writ petition averring that similar additions and alterations are permissible in DDA Flats and that Government should take a decision on as to why the same are not being permitted in Cooperative Group Housing Society (CGHS) Flats. It is pleaded that the Government had appointed a Committee known as Dogra Committee in this regard which has recommended extension of the permission for additions/alterations as in DDA Flats, to CGHS Flats also but the Government has not taken any decision in this regard. The counsel for the Petitioner confines the relief in this writ petition only to a direction to the Government to take a decision on the said report of the Dogra Committee.

(2.) On 21st October, 2010, it was enquired from the counsel for the Petitioner as to what is the right of the Petitioner to claim the relief of directing the Government to take such a decision. Attention of the counsel was invited to the judgment of this Court qua the notification of the Delhi Rent Act, 1995 and in which it has been held that no such direction can be issued to the Government. The counsel for the Petitioner had then sought adjournment to address on this aspect.

(3.) The counsel for the Petitioner has today contended that the judgments qua the Delhi Rent Act, 1995 (of this Court titled Common Cause v. Union of India, 2001 AIR(Del) 93 and of the Apex Court reported in , AIR 2003 SC 4493) would have no application since what was sought therein, was bringing into force a legislation and with respect whereto it was held that no mandamus can be issued by the Courts. He has contended that the Petitioner herein is not seeking the relief of directing the Government to accept the recommendation of the Dogra Committee or a direction against the Government to allow in CGHS flats additions, alterations as are permissible in DDA flats; that he is only seeking a direction to the Government to take a decision.