JOGINDER SINGH Vs. U.O.I

JUDGEMENT

(1.) THE petitioner before this Court was working as a Pump Operator with CPWD when he was allotted Govt. quarter No.24(Type-II) at Lodhi Road Complex, vide Office Order dated 3.9.1992, issued by the Executive Engineer(E), Electrical Division No.X, CPWD, Sadiq Nagar, New Delhi. Vide Order dated 26.9.1992 issued by the same Executive Engineer, the aforesaid Flat No.24(Type- II), Lodhi Road Complex, New Delhi, was exchanged with Flat No.2125, Lodhi Road Complex, New Delhi. Since then, the petitioner is in possession of the Flat No.2125 in Lodhi Road Complex.

(2.) VIDE Office Memorandum dated 18.8.2006, the allotment in respect of Flat No.2125 in Lodhi Road Complex made by the Executive Engineer of CPWD was cancelled by Assistant Director of Estates, on the ground that the said flat had been allotted for Electrical Enquiry Office but was being used for the purpose of residence. The said Order also shows that notice was issued to the occupants of the said flat directing him to produce the copy of the Allotment Letter issued in his favour by the Directorate of Estates, but he did not appear in compliance of the said notice nor did he produce any authorization from the Directorate of estates entitling him to occupy the aforesaid flat.

(3.) IN its counter affidavit, the respondent/Directorate of Estates has stated that Qtr.No.2125, Lodhi Road Complex was under the use of CPWD for its Enquiry Office and it came to the notice of the Directorate of Estates that it was being used as a residential quarter by the petitioner. A notice was, therefore, issued to the petitioner, requiring him to furnish the copy of the Allotment Letter, if any, issued to him in respect of the aforesaid flat by Directorate of Estates, which is the only authority competent to make allotment of accommodation for residential purposes of the employees, but no such letter could be produced by the petitioner. It is further stated in the counter affidavit that CPWD is responsible only for watch and ward and maintenance of general pool accommodation and, therefore, the Allotment Letter issued by its Executive Engineer has no legal sanctity.