Sushma Kumari v. Union Of India

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 327/2018 & CM No.1382/2018 SUSHMA KUMARI ..... Petitioner Through:

Ms Zubeda Begum and Ms Sana Ansari, Advocates alongwith petitioner in person.

versus UNION OF INDIA ..... Respondent Through:

Ms Vipra Bhardwaj and Mr Akhilesh Kumar, Advocate for respondent with Mr Dhanesh P. G., Assistant Director, Director of Estates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 22.01.2018 1.

The petitioner is employed as Safai Karamchari at 412, Air Force Station.

2.

The petitioner is suffering from certain physical disabilities and, therefore, the petitioner was allotted a Type-II Government accommodation at Netaji Nagar, New Delhi. It is claimed that the said accommodation was provided to the petitioner from 'the Ladies Pool'. Since it is proposed to redevelop the Netaji Nagar, the petitioner has to vacate the said accommodation. She has been allotted a similar category (that is, Type-II) accommodation at Lodhi Road.

3.

The petitioner does not find the same convenient as it is not near to the school where her children are studying.

4.

Ms Zubeda Begum, learned counsel for the petitioner contends that the said allotment has been made from a general pool, which is contrary to the policy.

According to the petitioner, the petitioner is entitled to an accommodation under the ladies pool.

5.

Ms Bhardwaj, learned counsel for the respondent states that the petitioner had been allotted the accommodation from general pool as she desired a ground floor accommodation. She states that although other accommodation is available in ladies pool, the same would be allotted to other persons who are higher in priority.

6.

Ms Bhardwaj, also states that a comprehensive policy has to how allotment is to be made has been submitted before this Court in W.P.(C) 4042/2017 and in the event the petitioner is not satisfied with the current allotment, she would also be allotted an appropriate allotment under the said comprehensive policy.

7.

In view of the above, the present petition alongwith the application is disposed of by permitting the petitioner to either elect to accept the accommodation as allotted to her or await a fresh allotment strictly in terms of the transparent policy, which is currently under consideration of this Court. The petitioner would communicate her decision to the respondent within a period of four weeks from today.

VIBHU BAKHRU, J JANUARY 22, 2018 MK