P.S. DAHIYA Vs. SLUM J.J. DEPARTMENT

JUDGEMENT

(1.) THE only issue involved in this petition is as to whether the petitioner, who was allotted a staff quarter, in his capacity as an employee is entitled to ownership/perpetual lease hold rights of the said quarter. The petitioner before this Court, who is a former employee of MCD, was allotted staff quarter No.D-15A, Madipur in his capacity as an employee of the Corporation. He, however, has not vacated the said flat even on superannuation and continues to occupy the same. The petitioner claims to have applied to the Slum Department, which at that time, was under the control of Delhi Development Authority, on 29.09.1984, for grant of perpetual leasehold rights in respect of the aforesaid flat. No such rights were, however, granted to him. Vide letter dated 27.06.2011, issued by the respondent, Delhi Urban Shelter Improvement Board, the petitioner was asked to vacate the aforesaid quarter. Being aggrieved from not being granted perpetual leasehold rights in respect of the aforesaid flat and being asked to vacate the same, the petitioner is before this Court seeking the following reliefs:-

(2.) THE case of the petitioner for grant of perpetual leasehold rights in respect of the aforesaid flat is based upon a circular dated 25.04.1981, issued by Municipal Corporation of Delhi and letter dated 11.06.1984, written by Government of India, Ministry of Works and Housing to the Lieutenant Governor, Union Territory of Delhi. The Circular dated 25.04.1981, to the extent it is relevant, reads as under:-

(3.) AS far as the Circular dated 25.04.1981 is concerned, the same applies only to the quarter in Chander Shekhar Azad Colony and, therefore, no benefit of the said circular can be claimed in respect of flat situated in Madipur, which is an altogether different colony.