MANOJ KUMAR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) BY way of the present writ petition the petitioners who are kashmiri migrants seek directions in the nature of writ of certiorari against respondent No. 3-for setting aside communication dated 24.1.2006 and similar other communications, whereby the application of the petitioners for allotment of flat was rejected. A writ of mandamus has also been claimed seeking directions against respondent no. 1 to allot a flat to each of the petitioners under the housing scheme launched by respondent no. 1 for rehabilitation of J&K migrants on the terms and conditions as applicable under the scheme. A writ of certiorari has also been claimed for quashing/cancelling allotment of flats made by respondent no. 1 in favour of respondents 5 & 7, which as per the petitioners are ineligible to get the flats under the rehabilitation scheme. Compensation has also been claimed by the petitioners for their forcible eviction from Palika Dham Campus on 7.11.2003.

(2.) BEFORE delving upon the contentions raised by the parties, it would be appropriate to give brief summary of the facts of the present case.

(3.) THE said writ petition filed by the said Association was disposed of by the Hon'ble Supreme Court vide order dated 27.1.2004, after the respondent no. 1 agreed to relax the rate of interest from 12.5% p.a. to 11% p.a on the total installment towards the purchase of flat. Pursuant to the said decision of the Supreme Court these kashmiri migrants found themselves entitled for allotment of flats as per the scheme and accordingly, the present petitioners submitted their application in the prescribed form and on payment of stipulated charges for allotment of the said flat under the scheme. In the meantime on 7.11.2003, the present petitioners who were staying at Palika Dham Camp were forcibly evicted from the camp by the respondent no. 4 after removing the belongings of these petitioners in their absence and after locking the aforesaid camp in a most Hlegal manner. The petitioners had informed the local police station about the said accident vide PCR compliant no. 19A at 7.35 P.M. and a representation was also made to respondent no. 4 as well as to the Director (J&K Affairs) Ministry of Home on 10.11.2004 & 14.11.2003. Even the monthly ration which was being provided to these migrants which was being provided for the last 13 years was stopped. It is also stated that before carrying out the said forcible eviction of the petitioners from Palika Dham Camp, the respondent no. 3/The Deputy Commissioner, GNCT had undertaken survey to verify genuineness of migrants residing in Palika Dham Camp. In the said survey carried out by the office of respondent no. 3, the Petitioners were found to be residing in the said camp. Report to this effect was submitted by the Area SDM vide Report dated 4.11.2003. The respondent no. 3, vide letter dated 27.7.2004 and 10.8.2004 sought to know the status of the petitioners residing in Palika Dham Camp and in response to the queries raised by the respondent no. 3, respondent no. 4 vide communication dated 6.12.2004 informed the office of respondent no. 3 that these petitioners lived in the said Palika Dham Camp from the year 1990 to 2000, whereafter, they left the camp on their own except two families. This stand was reiterated by respondent no. 4/NDMC vide letter dated 24.3.2006, addressed to the office of Divisional Commissioner, Delhi and this very stand of the respondent no. 4 created havoc in the lives of these petitioners. Various letters were written by petitioners against the stand taken by the NDMC with the help of some documentary evidence. The petitioners claimed that they were continuously residing in the said migrant camp before their illegal removal on 7.11.2003. The petitioners claim that they are eligible for allotment of flat under the rehabilitation scheme as they were duly included in the list of 237 migrant families who were found eligible for the said allotment. The petitioners also claim that they were very much residing in the camp till 7.11.2003 and absolutely false information was given by the NDMC. that these petitioners resided in.the said camp only till 2000. The petitioners have also been drawing their monthly ration continuously and also receiving payment @ Rs. 2,400/- by the Government as a monetary help. The petitioners also claim that flats have been allotted by the respondent no. 1 DDA in favour of respondents 5 to 7 who never resided in the said Palika Dham Camp, and therefore, these respondents were not eligible to get the flats under the housing scheme.