Beer Singh v. Dda

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1157/2017 & C.M.No.5267/2017 BEER SINGH ..... Petitioner Through Mr.S.K.Runta, Sr.Advocate with Mr.Shivankur Shukla, Advocate.

versus DDA ..... Respondent Through Mr.Arjun Pant, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 10.02.2017 Present writ petition has been filed challenging the letters dated 20th June, 2016 and 17th August, 2016, whereby the petitioner's request for change of flat bearing no. 18, Ashoka Pahari, Faiz Road, Karol Bagh on Fourth Floor to any flat on the ground floor in the same locality has been rejected.

It is the case of the petitioner that he is suffering from serious cardiac problem and his wife is suffering from arthritis, and therefore, under the respondent-DDA's policy they are entitled to change of floor.

Learned senior counsel for the petitioner states that the impugned letters do not disclose any reasons for rejecting the petitioner's request of change of floor.

Issue notice.

Mr.Arjun Pant, learned counsel accepts notice on behalf of the

respondent-DDA.

This Court has perused the impugned letters dated 20th June, 2016 and 17th August, 2016 and finds that they are bereft of any reason.

The Supreme Court in M.J.Sivani & Ors. Vs. State of Karnataka & Ors. (1995) 6 SCC 289 has held that the reasons are the link between the order and the mind of its maker and every quasijudicial order must be supported by reasons. Keeping in view the aforesaid, impugned letters dated 20th June, 2016 and 17th August, 2016 are set aside and the respondentDDA is directed to re-consider the case of the petitioner in accordance with its policy. The respondent-DDA shall pass a reasoned order within a period of eight weeks and the same shall be communicated to the petitioner by registered AD post. With the aforesaid directions, present writ petition and the application stand disposed of.

Order dasti.

MANMOHAN, J FEBRUARY 10, 2017 KA