RAM VILAS Vs. VICE CHAIRMAN,DDA

JUDGEMENT

(1.) THE present petitions have been filed by five petitioners seeking identical relief, i.e., for quashing of a common communication dated 11.12.2009 addressed by respondents No.1 to 3/DDA informing them that the Economic Offences Wing (EOW), Crime Branch, Delhi Police, vide letter dated 29.10.2009 in FIR No.2/2009 dated 9.1.2009, had informed the DDA that the allotment of the flats under the DDA Housing Scheme 2008 be withheld till the final outcome of the investigation by the EOW.

(2.) LEARNED counsel for the petitioners states that all the five petitioners had applied for allotment of flats under the DDA Housing Scheme 2008 in the Scheduled Castes category and were declared successful. Thereafter, respondents No.1 to 3/DDA had called upon the petitioners to submit their original documents for verification, which was duly complied with by them. However, in view of the aforesaid impugned communication, DDA has refused to handover the possession of the said flats to the petitioners. Initially, the petitioners had made various representations to respondents No.1 to 3/DDA to enquire about the status of the investigation. Thereafter, a legal notice dated 3.3.2011 was issued on behalf of the petitioners to the DDA for handing over of the possession of the allotted flats under the DDA Housing Scheme 2008, but as no action was taken by respondents No.1 to 3/DDA in that regard, the present petitions were filed.

(3.) COUNSEL for respondent No.4/EOW therefore states that the applications for allotment of DDA flats were fraudulently filed on behalf of the present petitioners and flats have been got allotted to them fraudulently so as to wrongfully gain at the cost of genuine applicants. It is submitted that the in view of the pending criminal cases arising out of FIR No.2/2009, the DDA be restrained from issuing the demand-cum- allotment letters to the petitioners herein, as prayed for by them in the present petitions.