TAJESHWAR KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been Filed by the petitioners impugning the Demand Notices issued by Delhi Development Authority during the period 22/8/1991 to August 31,1991 and for issuance of a writ of mandamus directing the respondents to revise the cost of the tenements on the principles of "No Profit No Loss" basis as applicable to the tenements allotted to EWS (Economically weaker section) category. It is alleged in the writ petition that Delhi Development Authority, respondent No.2 is responsible for constructing and for allotment of tenements to. various categories of registered persons including the EWS and according to the policy and practice of the respondents the cost of such flats are subsidised from the profit earned from disposal cost of houses allotted to middle and higher income groups of the Society and other sources. The registration scheme which concerns the petitioners was opened from 21/11/1985 to 30/12/1985 which period was extended subsequently. The details of the scheme as well as the averments made by the petitioners are incorporated in paragraphs 7 to 16 of the writ petition which may be reproduced as follows:

(2.) On 2/11/1990 respondent No.2 issued a Press notice inviting applications for allotment of 92 tenements at Inderlok on cash down basis only and since the petitioners needed the same urgently they applied for allotment. It is not in dispute that the cost of the tenements was not given in the Press notice. The petitioners on the basis of draw of lots held on 30/11/1991 were issued demand notices for the block dated 22/8/1991 to August 31,1991 for cash down payment of Rs. 1,28,000.00 to Rs. 1,47,600.00 per Unit depending on the plinth area and date of completion of construction and the aforesaid amount was to be paid during the period 1/9/1991 to 30/11/1991 failing which the allotment would be automatically cancelled. The petitioners were not happy with the demand notices as they were expecting the cost of tenements at Rs.35,000.00 approximately per unit. It also came to the notice of the petitioners that the tenements allotted to them were left over flats out of two lots of flats constructed in the year 1975-76 and 1982-83. The other averments with regard to alleged tenements and the alleged pricing are referred to in paragraphs 23 to 26 of the writ petition which may be reproduced below:

(3.) The petitioners inspected the tenements allotted to them and they found them in the state of total disrepair and non-maintenance and urgent and extensive repairs were needed to make them habitable. Some of the tenements were even in dilapidated condition. The petitioners represented against the excessive cost of the tenements allotted to them with a request to review the same and also made an alternative prayer to withdraw from the draw and surrender the flats subject to consideration of the names for the subsequent draws. The present writ petition has been filed to impugn the action of respondent No.2. Notice was issued and operation of the impugned demand notices was stayed vide order passed by the Division Bench on 25/11/1991 which has continued to operate till date. The learned counsel for the petitioners has vehemently contended that the demand notices issued by the Delhi Development Authority, respondent No.2, cannot be sustained as it has always projected that the flats will be allotted on the actual cost and "No Profit No Loss" basis at the time they were constructed. The relevant extract from the Brochurof Special Housing Scheme-1985 as well as the related advertisement are filed as Annexures A and B respectively to the writ petition which may be reproduced as follows: "Annexure A EXTRACT FROM THE BROCHURE OF SPECIAL HOUSING SCHEME-1985 SLUM WING-DELHI DEVELOPMENT AUTHORITY REGISTRATION SCHEME-1985 FOR ALLOTMENT OF RESIDENTIAL FLATS TO SLUM DWELLERS AND OTHERS 1. Objectives and purpose of the scheme The main purpose of the scheme is to improve the quality of life of the people living in notified slums under the Slum areas (Improvement & Clearance) Act, 1956 and people living in JJ colonies unauthorised colonies, urban villages by providing them with residential flats on easy terms and according to their affordability on cash down or hire purchase basis.The scheme has been prepared keeping in view the cost effectiveness and the financial capacity of the beneficiaries of the scheme. 2. The period of registration under the scheme. Registration under the scheme shall remain open from 21/11/1985 to 30/12/1985. 5.2 The estimated cost of the flats to be constructed under the scheme shall be Rs.35000.00 per unit. This price is, however, provisional and the final cost shall be subject to escalation in the cost of construction." Annexure 'B' SLUM WING DELHI DEVELOPMENT AUTHORITY "Pledged to improve the quality of life of Slum Dwellers". NOTICE Applications are invited from registrants under the "Residential Flats Registration Scheme for Slum Dwellers & others- 1985" for allotment of 92 slum tenements at inderlok on `cash down' basis. The interested registrants may send their application in the format given below by 15/11/1990. No application after 15/11/1990 will be entertained. Allotment will be made by draw of lots. It may be noted that the successful applicants in draw of lots shall be debarred from future allotment under the Registration Scheme-1985. (RAVI MALIK) Commissioner (Resettlement) Format of application for allotment of slum tenement on `cash down' basis to the registrants of "Residential Flats Registration Scheme for Slum Dwellers and Others-1985". To The Joint Director (Housing) Slum Wing, DDA B Block, Vikas Kuteer, I.P.Estate, New Delhi 110 002 Sir, I hereby opt for allotment of a flat at Inderlok and am willing to accept allotment on `cash down' basis. I have also noted that if I am successful in the draw of lots, I shall stand debarred for future allotment under the Residential Flats Registration Scheme for Slum Dwellers and Others-1985. My particulars are as under: 1. Name TAJESHWAR kUMAR SHARMA 2. Father's/Husband's Name BHAGWAN SARUP SHARMA 3. Registration No. 49341 4. Priority No. 3881/G PHOTO 5. Present address 15 Krishan Kunj Ext.Part II Laxmi Nagar, Delhi 110 092 SIGNATURE OF THE APPLICANT" Reference is also made to a Brochure with regard to "RESIDENTIAL FLATS REGISTRATION SCHEME FOR SLUM DWELLERS AND OTHERS-1985" as issued by Delhi Development Authority. paragraph 5.2 has been referred to to reiterate the price to be around Rs.35,000.00 . This clause 5.2 reads as follows: