DHARAM VIR Vs. UNION OF INDIA

JUDGEMENT

(1.) CM 17228/2006 By this application the appellant prays for condonation of delay in filing the appeal. For the reasons stated in the application, we allow the same. Delay in filing the appeal stands condoned and the appeal is taken on record. The application stands disposed of. LPA No.2337/2006 Respondent No.2/Delhi Development Authority had constructed about 853 flats in the Asian Games Village Complex from its own funds for accommodating the visiting sports persons and officials during Asiad 1982. After the Games were over, some of the aforesaid flats were taken over by the Directorate of Estates for accommodating Central Government employees in General Pool whereas some flats were allotted to Non-Resident Indians against foreign exchange. The question of disposal of the remaining flats was considered by the Union of India and it was decided that the remaining flats may be allotted to Government Departments/Public Sector Undertakings/Financial Institutions. Another decision was taken some time in 1987 with the approval of the then Minister of State in the Ministry of Urban Development to earmark 25% of the remaining 54 flats for allotment to deserving SC/ST persons. Consequently, DDA reserved 25% of the 54 flats i.e. 14 flats, for allotment to SC/ST persons.

(2.) Consequent upon the said decision DDA floated a scheme for allotment of the said flats at Asian Games Village Complex to SC/ST persons. There was only one applicant as against the said scheme and consequently the application of the said person was accepted and flat No.540 was allotted to the said applicant. Immediately thereafter the scheme laying down the quota reserved for SC/ST was scrapped by the DDA. Subsequently, with the approval of the then Minister for Urban Development, after considering various individual applications received, allotments were made to 11 persons.

(3.) The appellant herein submitted an application to the then Minister of State for Urban Development for allotment of a flat at Asian Games Village Complex under the SC/ST quota for the first time on 16th October, 1989, i.e. after scrapping of the aforesaid scheme, stating that he could not avail of the opportunity for allotment under reserved category when the scheme was advertised by the DDA as he was not aware of the same. The scheme was scrapped in 1987 whereas the aforesaid application was filed in the month of October, 1989 on which, however, the then Minister ordered that if any Asiad flat from SC/ST quota is available, it may be allotted to the appellant. Subsequently, the succeeding Urban Development Minister reconsidered the case of the appellant and the same was rejected.