PROMILA DEVI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) It is a classic case where the petitioner and respondent No.2 are fighting over a tenement over which both did not have any right. It is the inaction and inability of respondent No. 1 to take remedial measures against the unauthorised occupation of the tenement which has given rise to the present dispute.

(2.) The petitioner claims that sht was living in a tenement built in village Tigari,JJ. Colony and in 1978 floods, the tenement was destroyed. A list of persons whose tenements were, so destroyed was prepared in January, 1980 containing the names of 501 such victims and the name of the petitioner figured in the said list at serial No.371 against Jhuggi No.C-129 destroyed in the floods.

(3.) It is stated that a decision was taken to rehabilitate the uprooted persons including the petitioners in Trilokpuri The petitioner was already in occupation of tenement No.35/10 and waited for regularisation. The petitioner also deposited the amounts as required within time. The petitioner made the request vide letter dated 13.4. 1981 and respondent No.1 vide letter dated 24.6.1982 asked the petitioner to furnish her ration card and income certificate which was replied to by the petitioner on 20.7.82. It is stated that the petitioner had complied with all the conditions required by respondent No.l.