Krishan Kumar Sachan v. Sh. J.B. Singh & ANR.

$~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1079/2024 KRISHAN KUMAR SACHAN .....Petitioner Through:

Mr. Sanjeev Bhatia & Ms.

Sunita Rani, Advs. along with petitioner present-in-person.

versus SH. J.B. SINGH & ANR.

.....Respondents Through:

Mr. Udit Malik, ASC (Civil) for GNCTD with Mr.

Vishal Chanda, Adv. for R2.

Mr. Manish Kumar, Adv. for R2.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 28.08.2024 1.

The petitioner is seeking initiation of contempt proceedings against the respondents for wilful disobedience of the directions passed by this Court dated 15.02.2024.

2.

The long and short of the present matter is that as per the previous order dated 16.07.2024 of this Court, it has been directed that the petitioner, who has diluted his initial claim for allotment of an MIG flat and has opted for allotment of an LIG flat in the concerned society, be allotted and handed over the possession of the flat evidently lying vacant, within a period of eight weeks. The said directions are contained in order dated 15.02.2024. 3.

The petitioner is a senior citizen and physically disabled person to the extent of 75%.

4.

On issuance of notice in terms of the previous order dated 16.07.2024, a reply has been filed on behalf of respondent No.2. It is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/08/2024 at 12:50:49

submitted by learned counsel for respondent No. 2 that a request letter has been sent to respondent No.1/Society to allot the LIG flat bearing No. 45, Ground floor, Gulab Vihar Co-operative Group Housing Society Ltd. Plot No. 17, Sector-9 Rohini, Delhi, 110085 to the petitioner.

5.

Arguments addressed bring out that apparently, the petitioner has been called upon to submit a share certificate. Learned counsel for the petitioner submits that the share certificate has somehow been misplaced or lost. If that is the case, it is acceptable to the learned counsel for the respondent that a non-cognizable report be lodged in this regard with Delhi Police and a copy be supplied to them forthwith, and on such compliance, the allotment and possession of the flat shall be affected within seven days thereof. 6.

Having settled one issue, the second and last obstacle seems to be a demand for a sum of Rs.1,90,000/- which has been raised by respondent No.1/Society towards the arrears of the outstanding maintenance amount to be payable by the petitioner. 7.

Having regard to the sufferings endured by the petitioner in seeking the reliefs in question, no such amount shall be claimed from the petitioner.

8.

The petitioner be allotted the aforesaid flat within seven days from today. The respondent shall be bound to comply with this order without any default, failing which they shall be jointly and severally liable to pay exemplary costs for each day of default. 9.

The contempt petition is disposed of accordingly. DHARMESH SHARMA, J.

AUGUST 28, 2024/sa The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/08/2024 at 12:50:49