ASSOCIATION OF PROPERTY CONSULTANTS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Can a property dealer, property broker or real estate agent be construed as a "consultant'? This is the seminal question in this petition. It arises in the context of the alleged mis-user of residential flats allotted to members of the petitioner association by the Respondent (Delhi Development Authority-"DDA" for short).

(2.) The residential flats allotted to the members of the petitioner association (which is registered under the Societies Registration Act, 1860) are admittedly governed by the policy of the DDA incorporated in the document entitled "Guidebook on Housing Department" published by the DDA. The said Guidebook stipulates as under:-

(3.) The learned counsel for petitioner contended that its members are "consultants" and therefore it is permissible for them to use 25% of the covered area or 50 sq. mtrs, whichever is less, of their residential flats for office purposes. Accordingly, he prayed that the show cause notices be quashed. The learned counsel for the DDA, on the other hand, argued that members of the petitioner association were property dealers, property brokers or real estate agents. They cannot be construed to fall within the ambit of the expression "professionals" or "consultants".