HANS RAJ MALIK Vs. UNION OF INDIA

JUDGEMENT

(1.) By these three writ petitions, which raise common questions, the petitioners-allottees of corner tenaments, of 18C type double. storey quarters of the Ministry of Rehabilitation, Government of India, Lajpat Nagar seek, inter alia, direction to the Union of India and the Land and Development Officer for delivery of possession to them of common toilet for their exclusive use and for execution of supplementary lease deeds in respect of the same in their favour.

(2.) The brief facts leading to these writ petitions are as under:

(3.) 3. The Rehabilitation Department of Government of India constructed 18C type double storey quarters at Lajpat Nagar and other places for rehabilitation of displaced persons. 24 blocks were built with each block having 64 quarters, 32 on the ground floor and equal number on the first floor. The flat holders were provided common toilets and bath rooms. It is alleged by the respondents that the various flat owners unauthorisedly occupied certain common areas. It was also felt by the authorities that common lavatories and bath rooms were not being properly maintained by the tenament holders which was resulting in unhygienic conditions. In view of this thinking a plan was prepared by the Municipal Corporation of Delhi for the use of rear set backs by non-corner tenament holders for the purpose of constructing their own W.Cs and bath rooms. Rear set backs were undoubtedly common areas belonging to tenament holders, which were occupied by some of the tenament holders. Even some of the common lavatories and bath rooms were handed over to the owners of corner tenament holders as well who converted some of these into shops. Various suits were filed by the corner flat owners and other tenament holders for securing the common lavatories and bath rooms for their exclusive use and for execution of supplementary lease deeds in their favour by the Government. It is not denied on both sides that various interim orders were passed in the suits. It may be pointed out that the C type Double Storey Non-corner Quarters Residents Welfare Association (Regd.),Nirmal Puri (Double Storey) Corner Quarters Residents Welfare Association (Retd.) and one Smt.Shanti Devi Bhatia filed Writ Petitions being Writ petition Nos-760/91, 1703/91 and 1824/94) in this court. These writ petitions came before a Division Bench on May 29,1992 and the same were disposed of by a common order. In these writ petitions, it was found, inter alia, that the dispute was between the non-corner flat holders and some of the corner flat holders. It was also found that the questions which were raised in the writ petitions were squarely covered in the suits pending between the parties before the subordinate courts. In view of the parallel pending suits and having regard to the fact that in the writ petitions disputed question of the fact were raised the Division Bench relegated the parties to the civil suits and disposed of the writ petitions with the direction that the non-corner tenament holders will be impleaded .as parties in the suits. Before the Division Bench the counsel for the A Central Government gave an undertaking that till the matter was finally decided by the trial court or till further orders in the civil suits no supplementary lease deeds would be executed except in cases where all concerned unit holders consent to the same.