MOHINDER KAUR BAJAJ Vs. DDA

JUDGEMENT

(1.) The present petition seeks to impugn Show Cause Notice dated 17.09.2009 and Final Show Cause Notice dated 04.11.2009, as also cancellation order dated 06.01.2011 and letter dated 25.03.2011 of the Respondent/DDA seeking to take back the physical possession of the Plot No.273, Pocket-III, Block-C, Sector-28, Rohini measuring 60 sq. mtrs. The Petitioners also seek mandamus to the Respondent/DDA not to dispossess and interfere in any manner whatsoever with the peaceful enjoyment and possession of the said plot of land presently in possession of the Petitioners.

(2.) Notice of the petition was issued to the Respondents and upon the Respondents accepting notice, the operation of the impugned notice dated 25.03.2011 was ordered to be kept in abeyance. This interim order was made absolute on December 15, 2012 and thus the dispossession of the Petitioner remains stayed till date.

(3.) Petitioner No.1 is the mother and Petitioner Nos.2 to 4 are the sons of the Petitioner No.1. In 1965, husband of the Petitioner No.1 and father of the other Petitioners, namely, Late Shri R.S. Bajaj took on rent a residential premises at Ramjas Road, Karol Bagh, New Delhi. While the Petitioners' family was living on rent, the DDA advertised Rohini Residential Scheme, 1981. Late Shri R.S. Bajaj was a registrant vide application No.113240 in the said Scheme for a plot measuring 90 sq. mtrs. and paid a sum of Rs. 5,000/- as earnest money vide receipt No.06952 dated 21.02.1981. The Respondent/DDA not having held a draw of lots even after a lapse of 14 years from the registration of Shri R.S. Bajaj, keeping in view the needs of his expanding family, Shri R.S.Bajaj, who had superannuated from service with the MCD in the year 1995, entered into a sale transaction for the purchase of C-125, Naraina Vihar, New Delhi-28 measuring 125 sq. yards (104 sq. mtrs. approximately) as a joint family property. A registered Agreement to Sell was executed by the erstwhile owner of the said property in favour of the Petitioner No.1 (wife of Shri R.S. Bajaj), on 06.08.2001 and a registered General Power of Attorney was executed in favour of Shri K.S. Bajaj, Petitioner No.4 (one of the sons of Shri R.S. Bajaj). The said property was purchased for a total sale consideration of Rs. 7,08,000/- and the aforesaid payment was made by the family members through cheques, photocopies whereof have been placed on record which show the respective amounts contributed by the family members and the details thereof as follows:- <FRM>JUDGEMENT_415_ILRDLH23_2013_1.html</FRM>