MEHAR SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioners were displaced persons, and residents of A.R.P. Quarters Motia Khan, Paharganj, New Delhi. They were the tenants of Government and paying rent regularly. The residents formed an association for the welfare of the occupants.

(2.) The D.D.A. proposed to construct multi-storeyed flats in Motia Khan after demolitioning the A.R.P. Qrs. The representatives of the Association approached the Delhi Administration and the D.D.A. for allotment of alternative accommodation. The Delhi Administration took a decision for the reliabilitation of the residents of the A.R.P. Qrs. and communicated it in a letter dated Feb. 8, 1965. Administration explained that the occupants can be allotted flats in the Motia Khan and those who were not willing to accept houses in the multi-storeyed building, could be considered for allotment of developed plots in the Naraina Residential Scheme of D.D.A. on payment of the full rate of premium to be fixed by the Govt. The Vice-Chairman of D.D.A. had a discussion about the allotment with the Association and assured them that no residential plots in Naraina Residential Scheme of D.D.A. were being reserved to be allotted to the members, By letter dated 31-1-67 and 8-2-67 lists of 24 & 6 persons respectively were sent to the D.D.A. who were desirous of allotment of plots in the Naraina Residential Scheme of D.D.A. D.D.A. communicated a decision for allotment of 30 plots vide its letter dated 7-3-67 and 30 persons filed the requisite affidavits and also deposited Rs. 500.00 each as earnest money 17 occupants of A.R.P. Qrs. were made allotment in different draws. Thereafter the Association agitated for further allotment and forwarded 12 applications for the consideration of D.D.A. By allotment letters dated 25-3-70 and 1-4-70 addressed to the petitioners separately, it was stated that they have been found eligible for allotment. Each of the petitioner deposited the requisite amount of 25% of the premium within the time allowed in the allotment letters. However, it was stated that the letters did not carry with it any legal commitment.

(3.) The D.D.A. then took a decision and communicated in the letter dated August 30,1971 to the Association that the persons covered by the Gadgil Assurance may be offered plots in Paschimpuri and those who have got proof of their residence in A.R.P. Quarters between year 1950-60 may be offered built up flats in Lawrence Road, in accordance with their income group. Aggrieved by this decision the petitioner filed the present writ petition under Article 226 of the Constitution seeking a mandamus to quash the impugned decision and directing the D.D.A. to allot and transfer residential plots of the area already agreed to on payment of 75% of the balance of the premium.