DELHI DEVELOPMENT AUTHORITY Vs. MRS KULJEET KAUR

JUDGEMENT

(1.) THE present appeal is directed against an order of the learned Single Judge allowing the respondent's writ petition on 22.08.2013.

(2.) THE facts briefly are that the respondent applied for an LIG flat under the DDA Housing Scheme of 2008 and was allotted a flat. The appellant (hereafter referred to as DDA) later sought to cancel the allotment on the ground that the respondent's husband owned a flat, i.e., an LIG unit bearing No. E -202, Green Valley Apartment, Plot No.18, Sector 22, Dwarka. The petitioner, therefore, approached this Court claiming various reliefs including a declaration that Regulation 7 of the DDA (Management and Disposal of Housing Estates) Regulations, 1968 was void and inapplicable in the light of Rule 17 of the DDA (Disposal of Developed Nazul Land) Rules, 1981.

(3.) THE DDA argues - through its counsel Mr. Ajay Verma - that the learned Single Judge fell into an error in not appreciating that the applicable regime was contained in the DDA (Management and Disposal of Housing Estates) Regulations, 1968, particularly Clause 7, which rendered ineligible the applicant whose spouse or dependent relation owned in full or in part a freehold or on a leasehold basis a residential plot or house in Delhi. It was contended that even the eligibility conditions contained in the concerned Scheme, i.e., the DDA Housing Scheme of 2008 was carefully drafted. In this connection, a pointed reference was made to Clause 2 (iii) which imposes a restriction on applicants owning residential flats or plots either in their name or "in the name of his/her wife/husband...". This condition, it is submitted, makes only one exception, i.e., that if the area of the flat was less than 66.9 sq. mtrs., his or her application is deemed to be eligible.