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High Court of DelhiW.P.(C)/1152/2026

Aduram v. Union Of India & ANR.

2026-01-28Hon'Ble Mr. Justice Tejas Karia8 pages

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ADURAM .....Petitioner Through:

Mr. Gulshan Kumar Maurya, Ms.

Snehlata Sharma and Mr.

Dhiraj Verma, Advocates.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Ms. Pratima N. Lakra, CGSC with Mr.

Adhiraj Singh, GP.

Ms. Prabhsahay Kaur, SC, DDA with Mr. Bir Inder Singh Gurm and Ms.

Anmol Kaur Minhas, Advocates for R2/DDA.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 28.01.2026 1.

This Public Interest Litigation ("PIL") Petition has been filed for providing adequate safeguards for the Economically Weaker Section ("EWS"), senior citizens, persons with disabilities and digitally disadvantaged applicants of the 'DDA Jan Sadharan Awaas Yojana 2025' ("Scheme") framed and implemented by the Delhi Development Authority ("DDA") insofar as the Scheme adopts an exclusively digital, English-only, First-Cum-First-Serve ("FCFS") allotment mechanism. The Petitioner has inter alia sought the following prayers:

"i. Declare that adoption of an exclusively digital and English-only allotment mechanism for welfare housing schemes, without reasonable accommodation for senior citizens, persons with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

disabilities, and digitally disadvantaged applicants, is arbitrary and violative of Articles 14 and 21 of the Constitution of India; ii. Issue a writ of mandamus directing Respondent No.2 to ensure that all future EWS and similar welfare housing schemes are implemented in a fair, transparent, and inclusive manner, including issuance of scheme-related communications in both Hindi and English and provision of offline or assisted facilitation mechanisms for vulnerable groups;

iii. Issue appropriate directions to ensure that booking windows under welfare housing schemes are opened or resumed only after providing reasonable prior notice and sufficient time to enable meaningful participation by eligible applicants; iv. Direct Respondent No.1 to consider framing uniform guidelines for housing authorities under its administrative control to ensure digital accessibility, linguistic inclusion, and protection of vulnerable groups in welfare housing schemes;"

2.

The Petitioner has challenged the Scheme on the ground that it systemically excludes vulnerable sections of society by creating technological and linguistic barrier undermining the doctrine of substantive equality guaranteed under Article of the Constitution of India, ("Constitution"). The Petition further questions the absence of procedural safeguards ensuring transparency and fairness, including abrupt and unexplained alteration in Scheme parameters, withdrawal of notified flats without disclosure of reasons, and opening or resumption of booking windows without reasonable prior notice. In view of the same, the Petitioner seeks prospective remedial and policy-oriented directions to ensure that the future welfare housing schemes are implemented in a fair, inclusive, transparent, and constitutionally compliant manner, without unsettling third-party rights already created.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

The Petitioner has contended that the DDA launched the Scheme for disposal of EWS / Janta Flats on a FCFS basis through an online portal on 11.09.2025. The online booking window under the Scheme was open from 12:00 noon onwards on 22.09.2025. All Scheme related information, notices and procedures were made available only through digital mode and in English language. The Petitioner made a written representation on 03.10.2025 to the competent authority of the DDA highlighting systemic difficulties faced by senior citizens and digitally disadvantaged EWS applicants due to the absence of any offline or assisted booking mechanism. As no response was received, the Petitioner made another representation on 18.10.2025. 4.

On 23.10.2025, the DDA issued a circular launching Phase-II of the Scheme, notifying availability of EWS flats, including at Shivaji Marg, Moti Nagar while continuing the same digital-only and English-only framework. On 03.11.2025, the DDA issued a subsequent circular titled 'List of flats to be offered', which reflected a reduction in number of EWS flats as compared to the earlier notification, without any disclosed reasons. 5.

On 07.11.2025, on the scheduled date of commencement of booking under Phase-II of the Scheme, the DDA issued public notice stating that certain flats are withdrawn from the Scheme, without specifying reasons or precise numbers. The DDA issued a public notice dated 09.11.2025 stating that the booking under the Scheme had been temporarily paused for technical reasons and would resume on the same date at 12:00 noon, without reasonable prior notice.

6.

Accordingly, the Petitioner filed W.P.(C) 18242/2025 seeking similar relief as prayed in the present Petition. However, upon being pointed out that the reliefs claimed in the said Writ Petition were in the nature of PIL, the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Petitioner sought permission to withdraw the said Writ Petition with a liberty to file a fresh writ petition. Accordingly, the said Petition was disposed of vide order dated 01.12.2025 with the liberty as prayed for. Thereafter, the Petitioner has preferred the present PIL Petition. 7.

The learned Counsel for the Petitioner has submitted that the Petitioner is a 85-year-old senior citizen and despite making two representations dated 03.10.2025 and 18.10.2025 for the issues raised in the present Petition, no response has been received from the DDA. It was submitted that the Scheme, in the present form requires the applicants to access information, register, and complete booking entirely through digital means and all official communications, Brochures, and notices are issued only in English language. The absence of any offline or assisted facilitation mechanism for senior citizens, persons with disabilities and digitally disadvantaged EWS applicants renders the Scheme inaccessible to a significant segment of intended beneficiaries. Although the digital-only and English-only framework appears to be neutral, it has a disproportionate and adverse impact on vulnerable sections of the society, resulting in indirect discrimination and violation of the principle of substantive equality.

8.

It was further contended by the Petitioner that during the course of implementation of the Scheme, the DDA made abrupt and unexplained alterations in the parameters, including reduction in the number of notified flats and withdrawal of the flats on the date of booking, without disclosing reasons or affording reasonable notice. The opening and resumption of booking windows without reasonable prior notice materially impairs the ability of eligible applicants to meaningfully participate in the Scheme and undermines procedural fairness.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The learned Counsel for the Petitioner relied upon the case of Master Harmanpreet Singh through Mr. Paramjeet Singh v. Directorate of Education, Government of NCT of Delhi & Anr. W.P. (C) 12093/2024, wherein this Court acknowledged the issue of non-issuance of notice/circulars in Hindi language and directed that in future, all notifications pertaining to EWS category shall also be issued in Hindi language. 10.

The learned Counsel for the Petitioner also submitted that access to housing and the State welfare benefit form an integral part of Right to Live with Dignity under Article 21 of the Constitution and the procedure governing such access must be fair, just and reasonable. The FCFS mechanism, when applied to a digital-only platform in a welfare housing scheme, operates in a manner that favours technologically equipped and resource-rich applicants over the intended beneficiaries, thereby defeating the object of equitable distribution of the State largesse and violation of Article 14 of the Constitution.

11.

It was submitted on behalf of the Petitioner that by failing to provide any form of assisted facilitation, helpdesk or institutional support for senior citizens and persons with disabilities amounts to denial of reasonable accommodation and results in exclusion of such groups from access to State welfare schemes. There is no intelligible differentia or rational nexus for excluding non-digital or linguistically disadvantaged applicants, rendering their classification implicit in the Scheme unreasonable and unconstitutional. The issuance of last-minute circulars, modifications and public notices without adequate dissemination or notice period reflects arbitrary exercise of administrative discretion and undermines public confidence in the fairness of the process.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

Ms. Prabhsahay Kaur, Standing Counsel for the DDA has entered appearance and submitted that the website of the DDA being www.dda.gov.in is available and accessible in Hindi. Further, the DDA shall upload the current and future circulars of the Scheme in Hindi within a week. 13.

As regards the online / digital mode, it was submitted on behalf of the DDA that the same facilitates the general public and ensures a transparent, efficient and corruption-free allotment process. It was further submitted that the elimination of human interface at critical stages results in reducing the discretion, arbitrariness and the scope of malpractice while ensuring equal opportunities to all eligible applicants. The adoption of online mechanism enhances the accessibility rather than restricting it as the applicants can apply from any location without the need to physically visit the DDA offices, stand in queues or engage intermediaries. It has also benefitted EWS applicants by reducing travel costs, procedural delays and dependence on third-parties. This approach facilitates wider participation, aligns with Government's Digital India initiative and ensures ease of access, uniformity and nation-wide reach. 14.

The learned Counsel for the DDA submitted that the DDA has ensured multiple facilitation mechanisms to assist applicants at every stage of the process. There is a dedicated helpline number to address queries and grievances relating to registration, booking and payment, which is operational from 09:00 am to 06:00 pm and the officer on call is available to take an applicant through the step-by-step process. Further, public hearing is provided twice a week to address concerns of general public. The DDA has also put in place a Helpdesk at its office at Vikas Sadan to assist members of the public in completing the online application process. Trained personnel are available to guide applicants, including senior citizens and other vulnerable groups, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

persons with disabilities, thereby ensuring that no eligible applicant is excluded due to lack of digital familiarity.

15.

It was further submitted on behalf of the DDA that the application procedure has been simplified and the online application form requires only basic Know Your Customer details such as name, identity proof, and contact information without requiring any complex documentation or technical expertise. The process has been designed to be user friendly and intuitive. The website also contains Frequently Asked Questions ("FAQs") to address common queries with regard to the Scheme.

16.

It was also submitted on behalf of the DDA that online FCFS model is a recognised and legally valid method for allotment of public housing, which is implemented through a digital platform to ensure real-time allotment, objective prioritisation and public verifiability, thereby upholding constitutional principles governing the distribution of State largesse. 17.

Having considered the submissions made on behalf of the Petitioner as well as the DDA, we are of the considered opinion that concerns raised by the Petitioner are already addressed by the DDA. The grievance of the Petitioner that the senior citizens, persons with disabilities and digitally disadvantaged applicants are discriminated due to digital and English-only allotment mechanism, is resolved on account of the statement made on behalf of the DDA that all the Scheme related information / document / circulars shall be published in Hindi within a week. The said undertaking made on behalf of the DDA is taken on record and the DDA is directed to comply with the same. 18.

Regarding the online / digital mode of the Scheme, we find merit in the submissions made on behalf of the DDA that it ensures a transparent, efficient and corruption-free process without intervention of the intermediaries. It, in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

fact, eliminates cumbersome and time-consuming manual process involving discretion, arbitrariness and scope of malpractice due to human intervention. 19.

The DDA has already set-up a Helpdesk at its Vikas Sadan office to assist the members of the public for completing the online application process. It has also provided a dedicated helpline number to address any queries and grievances related to registration, booking and payment. The website also provides the FAQs to address the common queries with regard to the Scheme. Accordingly, all the apprehensions of the Petitioner are already addressed in view of availability of Helpdesk, Helpline and FAQs on the website of DDA. 20.

We, however, direct that the DDA shall set-up a separate dedicated Helpdesk / Kiosk for senior citizens and persons with disabilities in addition to the Helpdesk already being provided by the DDA and the provision of such a facility shall be prominently mentioned on the website of the DDA. We also direct that all the Scheme related information / document including the Brochure and the FAQs shall be uploaded on the website of the DDA in Hindi as well within a week.

21.

The Petition is disposed of with the aforesaid directions. DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J JANUARY 28, 2026/sms The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.