SHIV RAJ SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By this petition the petitioners, numbering seven, seek a writ of mandamus, or any other appropriate writ or direction directing the first respondent Delhi Development Authority (DDA) to allot plots to the petitioners in Wazirpur Phase IV, and to quash the draw of lots already held on 25 November 1991. A further direction is sought to D.D.A. directing it to draw the plots of the petitioners in terms of demand letters issued by the D.D.A. under which payments have already been made to D.D.A. There are three respondents. First respondent, as noted above, is D.D.A., an authority constituted under the Delhi Development Act, 1957, established for the purpose of planned development of Delhi. It has to perform its functions as specified in that Act. The second respondent is Mr. Dharmender Sharma, Sub Divisional Magistrate, on the basis of whose report dated 30 April 1991 draw of lots of plots was confined to 482 persons excluding the petitioners and others. The third respondent is Mr. Shiv Charan Sheel, General Secretary, Sawan Park Jhuggi-Jhonpri Congress Committee (I), Delhi.

(2.) The petitioners contend that D.D.A. prepared a scheme for the residents of Jhuggi-Jhonpris of Sawan Park existing in Khasra Nos. 646, 649 and 650 for their resettlement which scheme was approved by the Vice Chairman, D.D.A., in 1985. A colony called the Wazirpur Phase IV was developed where plots measuring 32 square metres on perpetual leasehold basis were to be allotted to persons residing in Jhuggi-Jhonpris in Sawan Park. These persons are occupational weavers ("bunkars" a Hindi word). Sawan Park, Delhi, was a known weavers' colony. In the letter dated 17 May 1985 of the Deputy Director (CP), Delhi, the third respondent was informed that project had been approved by the Vice Chairman, D.D.A., and the development of land in Wazirpur Phase IV was being taken very shortly. This was for allotment of land to 'bunkars' in Wazirpur Phase IV. Then by another letter dated 9 October 1985 of the Director (CP), D.D.A., the third respondent was asked to contact the Director (Lands and Management), D.D.A., regarding the allotment of plots to weavers of Sawan Park complex. It was stated in this letter that it was Director (Lands and Management) who was dealing with the subject of issuing of allotment letters, premium of land and handing over possession of the same. Then by letter dated 15 January 1986 third respondent was asked to furnish authentic list of the persons who were holding the ration cards in Sawan Park complex so that further action in the matter could be taken by the D.D.A. By yet another letter dated 21 April 1986 of the D.D.A. the third respondent was told to direct the members of the third respondent in group of 50 to appear before the Deputy Director (Indl.) from 28 April 1986 onwards with their respective ration cards in original along with an attested photo copy and an affidavit to the effect that the member had not been allotted any plot by the D.D.A. or the Municipal Corporation of Delhi, or any other local authority in the Union Territory of Delhi. By letter dated 8 January 1988 of the Deputy Director (Indl), D.D.A., third respondent as well as Chetan Dass, General Secretary, Sawan Park Jhuggi-Jhonpri, Sawan Park, and Sarwan Kumar, Sawan Park, Delhi, were informed that 650 demand letters had been prepared in respect of allottees whose papers were found to be in order. It was stated that rest of the allottees would be subsequently issued demand letters as and when their documents are complete in all respect. It was, however, mentioned that before the demand letters were issued the addressees may sponsor one responsible representative from each of their associations who would be present and would be required to sign on the copy of the demand letters in token of having identified the genuine allottee. It was stated that name of the representative to be sponsored should be intimated to the office of the Deputy Director (Indl) latest by 12 January 1988. The three addressees were also requested to attend the office of the Deputy Director (Indl) on Tuesday the 12 January 1988 between 2.30 P.M. and 5.00 P.M. in that connection.

(3.) Then we find allotment letters were issued to the petitioners from 29 February 1988 to 12 September 1988 by the D.D.A. We may refer to contents of only one of such allotment letters as under :-