SMT. SANTOSH DHAWAN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE facts of this case present a surrealistic picture, where even in the absence of any valid rationale for its decision, a public authority obdurately persists in its repetition, oblivious to individual facts, causing misery, and displaying apathy to reason and fairness.

(2.) THE writ petitioner claims directions to the respondent (hereafter "DDA") for restoration of allotment to Plot No BP 154, Shalimar Bagh, and a consequential direction to carry out mutation of the property in her favor.

(3.) A rehabilitation scheme was announced by the DDA in 1975 for allotment of plots of LIG, MIG & HIG categories in Shalimar Bagh exclusively to those allotted shops/plots in New Subzi Mandi Azadpur. Shri Radhey Shyam Dhawan, the son of Shri Niranjan Dass, and husband of the petitioner, applied for allotment of a residential plot by application No. 424, as a partner of M/s Niranjan Dass. A plot No. BP -154 measuring 100 sq. yds. in Shalimar Bagh was allotted to him. Admittedly he paid the amount demanded, i.e. a total sum of Rs. 6,000/ - in January 1976, for the 100 square yard plot. Possession of the plot too, was handed over. Shri Dhawan filed a copy of Deed of Partnership in relation to business being run in shop No. D - 1301, New Subzi Mandi Azadpur in the name of M/s Niranjan Dass & Co. at the time of applying under the scheme; he had also filed an affidavit. The partnership comprised of three partners namely 1) Shri Niranjan Dass; 2) Radhey Shayam and; 3) Bhupinder Kumar.