Aarti Shukla v. Delhi Development Authority & ANR.

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15237/2024 AARTI SHUKLA .....Petitioner Through:

Ms. Sonia A. Menon, Advocate with Petitioner-in-person.

versus DELHI DEVELOPMENT AUTHORITY & ANR. .....Respondents Through:

Ms. Divya Gattani, Advocate for R-1/ DDA.

Ms. Anubha Bhardwaj, SPP-CBI with Mr. Vijay Misra and Ms. Anchal Kashyap, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 10.12.2025 1.

This writ petition is filed on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following reliefs:- "(a) Issue a writ, order, or direction in the nature of mandamus to the Respondent No. 1 (DDA) to hand over the physical possession of Flat No. 24, Pocket 8, Block B-2, Sector 23-B, Dwarka, Delhi to the Petitioner within a stipulated time frame as deemed fit by this Hon'ble Court;

(b) Issue a writ, order, or direction to the Respondent No. 2 (CBI) to return the original file of the Petitioner to Respondent No. 1 within a stipulated time frame as deemed fit by this Hon'ble Court, or in the alternative, to provide certified copies of the relevant documents to enable Respondent No. 1 to process the Petitioner's case; (c) Direct the Respondent No. 1 to create a parallel file and process the handover of possession to the Petitioner based on available records, in case the original file cannot be retrieved from Respondent No. 2 within the stipulated time frame;

(d) Direct the Respondents to pay compensation to the Petitioner for the mental agony, hardship, and deprivation of rightful possession caused due to the inordinate delay;

(e) Pass any other and/or further order(s) as this Hon'ble Court may W.P.(C) 15237/2024 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 12/12/2025 at 13:58:11

deem fit and proper in the facts and circumstances of the present case and in the interest of justice."

2.

Ms. Sonia A. Menon, learned counsel for the Petitioner submits that the Petitioner was allotted a flat in the draw of lots held on 25.11.2014, however, in the meantime, a criminal case was registered against one of the officials of DDA and during investigation the case file pertaining to the allotment of the flat in question was seized by CBI. She submits that on account of this, possession letter had not been issued albeit no FIR was registered against the Petitioner and the name of the Petitioner does not figure in the chargesheet.

3.

Ms. Anubha Bhardwaj, learned SPP appearing for CBI candidly admits that chargesheet has been filed and Petitioner's name does not figure in the chargesheet and accordingly, CBI has no hesitation in releasing the file back to DDA.

4.

This writ petition is accordingly disposed of with a direction to DDA to requisition the concerned file from CBI within a period of one week from today. On receipt of the letter, CBI shall release the file to DDA under acknowledgment, retaining a shadow copy of the file with CBI. Since Demand-cum-Allotment letter has been issued on 19.12.2017, DDA will hand over possession of the flat to the Petitioner within three weeks from the date of receipt of the file from CBI.

JYOTI SINGH, J DECEMBER 10, 2025/RW W.P.(C) 15237/2024 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 12/12/2025 at 13:58:11