PAPPAN KUMAR Vs. DUSIB

JUDGEMENT

(1.) These petitions have been filed by five petitioners praying inter alia for directions to the respondents to allot them flats under the Residential Flats Registration Scheme for Slum Dwellers and Others 1985.

(2.) It is the stand of the petitioners that they were residing in slums situated in various parts of Delhi since the year 1985. As the respondent/DDA launched a scheme to improve the quality of life of dwellers in the areas notified as slum under the Slum Areas (Improvement and Clearance), Act 1956, Jhuggi Jhopris, slum rehabilitation colonies, Jhuggi Jhopri resettlement colonies etc. by providing them residential flats on easier terms linked with affordability and opened the said Scheme for registration from 21.11.1985 to 30.12.1985, the petitioners, claiming to be eligible to apply under the said scheme, submitted their applications to the respondent/DDA. It is stated by the counsels for the petitioners that each of the petitioners have duly deposited the registration amount under the aforesaid scheme, whereafter, they have been patiently waiting for the past 27 years in the hope of being allotted flats under the said Scheme, but to no avail, thus compelling them to file the present petition, for appropriate directions to be issued to the respondents to allot flats to those entitled and registered under the said Scheme.

(3.) The stand of the respondent/DUSIB, erstwhile Slum and J.J. Department, MCD is that the DUSIB is the implementing agency of the Scheme. He states that as per the terms and conditions of allotment under the aforesaid Scheme, 5662 flats have already been allotted to the registrants, thus leaving 20,000 registrants in the wait-list. It is averred in the counter affidavit that the remaining registrants could not be allotted flats due to paucity of funds and land, which were to be provided by the Ministry of Urban Development, Govt. of India. However, today, counsel for the respondent/DUSIB submits that both, funds and land are required to be provided by Government of NCT of Delhi and not the Government of India. It is further stated that though there is no fixed timeline, within which the flats were to be allotted to the registrants under the aforesaid Scheme as would be apparent from a perusal thereof, the only reason that the wait-listed registrants have not been accommodated is due to non-availability of funds. In this regard, he hands over a copy of the letter dated 05.01.2011 addressed by the Department to the Principal Secretary (Urban Development), Govt. of NCT of Delhi, requesting the latter to provide '200 crores for the acquisition of land at village Bakoli for construction of flats under the aforesaid scheme. He further states that Delhi Government was also requested to take steps to acquire 100 hectares of land in the revenue estate of village Bakoli and to make it available for purposes of construction of flats.