ARUN KUMAR JAIN Vs. DDA

JUDGEMENT

(1.) THE two appellants before us are husband and wife who got married on 27.11.1985. Before their marriage, both had applied for allotment of an LIG plot under the Rohini Residential Scheme, 1981. The allotment of plots, admeasuring 48 sq. mts. in favour of each of the appellants were made on 01.07.1985 and 29.12.1983 i.e. before they got married to each other on 27.11.1985. It appears that there was a long delay in handing over the possession of the aforesaid plots and the execution of the Lease Deeds. At the time of execution of the Lease Deeds on 5th May, 1998 & 27th January, 1994 and handing over of possession on 23rd April, 1990 and 12th May, 1989, both the appellants had given affidavits to the effect that neither he/she nor his/her spouse was having any allotment under the aforesaid Scheme. Construction was raised by the appellants on their respective plots.

(2.) WHEN the appellants applied for freehold conversion, the respondent DDA issued a show cause notice dated 09.06.2004 to the appellant No.1 as to why his Lease Deed be not cancelled for obtaining the double allotment. Replies were submitted by the appellants, stating that at the time of allotment, they had no relation with each other as they married subsequently and therefore it was not a case of double allotment. However, vide order dated 16.09.2004, Lease Deed in favour of the appellant No.1 was determined. Thereafter proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 were initiated and in these proceedings, the Estate Officer passed the eviction order dated 18.07.2007. The appellants filed appeal before the District Judge which was also dismissed. Thereagainst, the appellants preferred W.P.(C) No.630/2011 and the said writ petition has also been dismissed by the learned Single Judge vide impugned judgment dated 01.03.2012. It is in these circumstances, the order of the learned Single Judge is challenged by filing the present intra-court appeal.

(3.) IN these circumstances, the only question would be as to whether any false / incorrect information was furnished in the form of affidavit at the time of execution of the Lease Deed and which could result in cancellation. It is not in dispute that when the Lease Deeds in respect of these plots were executed in the name of the respective appellants, they had already married. However, these facts were not stated and information given in the affidavits was as if, they were unmarried. This was admittedly a false / incorrect information. However, we are of the opinion that inspite thereof, this could not result in cancellation of the plot in favour of the appellant No.1. There are two reasons for taking this view, which are as under: