MOHAMMAD HAKIM AND ANR [ Petitioners] Vs. DELHI DEVELOPMENT AUTHORITY [Respondent]
W.P.(C) 1585/2022 & CM APPL. 4515/2022
(Before CHANDRA DHARI SINGH, J.)
Facts: The instant batch of petitions involving a similar issue have been filed seeking following reliefs:
Issue of a writ of certiorari quashing the letter dated 3rd July 2020(date of letter same in both the writ petitions) rejecting the claim of the petitioners for allotment of the house in lieu of the petitioner’s erstwhile occupation/possession/ residence at the first floor of the Jhuggis of the petitioner in Kathputli Colony Delhi; and Issue of writ of mandamus directing that the respondent shall allocate an alternative dwelling unit to the petitioners.
Issue: Whether the present writ is maintainable in the facts of the case or not?
Arguments on behalf of counsel for petitioner:
Learned counsel appearing on behalf of the petitioners submitted that the impugned orders suffers from error since it failed to consider the entire facts and circumstances of the dispute of the petitioners. It is submitted that the respondent has erred while rejecting the petitioners claim for alternative allotment and disregarded the order passed by the competent Authority. It is further submitted that the orders passed by the competent Appellate Authority was in accordance with the statutory mandates and was passed after consideration of all the facts as well as the evidence produced on record.
Arguments on behalf of counsel for respondent:
Learned counsel appearing on behalf of the respondent vehemently opposed the instant petitions and submitted that at the outset the same are not maintainable, and are liable to be dismissed. It is submitted that the case of petitioner no. 1 was re-examined and reviewed after filing of the present writ petition and it was found that his case was inadvertently recommended for ‘non acceptance’ by the Competent Authority due to mixing of his case records with other 62 cases, and as such, to rectify its mistake, the impugned letter dated 3rd July, 2020 was withdrawn and the same was communicated to the petitioner no. 1 vide communication dated 28th April 2022.
Held: The court allowed the present petition and held that, “In view of the aforesaid discussion, the impugned orders dated 3rd July 2020 in both writ petitions are quashed by this Court by way of exercising its jurisdiction vested under Article 226 of the Constitution of India. Accordingly, the instant petitions are allowed and the Court directs the respondent to allocate an alternative dwelling unit in favor of the petitioners subject to the condition that the petitioners produce the documents as enunciated in Clause 2 of The Delhi Slum& JJ Rehabilitation and Relocation Policy, 2015 (PART-B) issued before the cut-off i.e., 1st January 2015, the deposit of amount as stipulated by the respondent as well as any other requirement as mandated by the respondent.”
