Aruna Bhattacharya v. Delhi Development Authority And ORS
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3017/2016 ARUNA BHATTACHARYA ..... Petitioner Through Mr. Subhash Jindal, Adv.
versus DELHI DEVELOPMENT AUTHORITY AND ORS ..... Respondents Through Mr.
Sanjeev Sabharwal and Ms.
Aastha Jain, Advs. for R-1 to R-3.
CORAM:
HON'BLE MR. JUSTICE A. K. CHAWLA
O R D E R
% 15.09.2017 By way of the instant petition, the petitioner has sought Writ of Mandamus to the respondent-DDA with the prayers, as follows: "(a) Issue a writ of Mandamus or in the nature of Mandamus or any other appropriate Writ, Order or Direction, directing the respondents to supply certified copies of ownership documents including demand cum allotment letter and possession letter in respect of her Flat no. 1-C, MIG DDA Flats, Friends Colony (East), New Delhi to the petitioner under the Delhi Development Act, 1957 and the Rules under it."
In the counter affidavit, the respondent-DDA has stated, as follows:
"7 That in compliance of the aforesaid order the respondents have taken the following steps:- a) A letter 14.10.2016 was sent to the Assessment Collector, House Tax, Central Zone, Lajpat Nagar, New Delhi-110024 with request to provide ownership documents in respect of Flat No.
1-C, MIG DDA Flats, Friends Colony (EAST), New Delhi while applying for the House Tax before 16.12.2016. Copy of the letter dated 14.10.2016 is annexed herewith and marked as Annexure D2.
b) A letter dated 14.10.2016 to Ex. Engineer, Jal Sadan, Delhi Board, Lajpat Nagar, New Delhi110024 and this letter was re-issued on 17.11.2016 to Zonal Revenue Office, South-II, Delhi Jal Board, Lajpat Nagar, New Delhi with request to provide ownership documents in respect of Flat No. 1-C, MIG DDA Flats, Friends Colony (EAST), New Delhi while applying for water connection before 16.12.2016. Copy of the letter dated 14.10.2016 is annexed herewith and marked as Annexure D3.
c) A letter 14.10.2016 to Ex.
Engineer (Electricity) BSES, Nehru Place, New Delhi110019 with respect to provide ownership documents in respect of Flat No. 1-C, MIG DDA Flats, Friends Colony (EAST), New Delhi while applying for electricity connection before 16.12.2016. Copy of the letter dated 14.10.2016 is annexed herewith and marked as Annexure D4.
d) A letter 30.01.2017 to Ex.
Engineer (Electricity) BSES, Nehru Place, New Delhi110019 with request to provide ownership documents in respect of Flat No. 1-C, MIG DDA Flats, Friends Colony (EAST), New Delhi while applying for electricity connection before 23.05.2017. Copy of the letter dated 30.01.2017 is annexed herewith and marked as Annexure D5.
e) A letter dated 30.01.2017 was sent to the Zonal Inspector, House Tax, Central Zone, Sawmal Nagar, New Delhi-110049 with request to provide ownership documents in respect of Flat No. 1-C, MIG DDA Flats, Friends Colony (EAST), New Delhi while applying for the House Tax before 23.05.2017. Copy of the letter dated 30.01.2017 is annexed herewith and marked as Annexure D5-A. f) A letter dated 25.01.2017 sent to Zonal Revenue Office, South-II, Delhi Jal Board, Lajpat Nagar,
New Delhi with request to provide ownership documents in respect of Flat No. 1-C, MIG DDA Flats, Friends Colony (EAST), New Delhi while applying for water connection before 23.05.2017. Copy of the letter dated 25.01.2017 is annexed herewith and marked as Annexure D6.
g) That a reply dated 11.04.2017 received from office from Zonal Revenue Officer(S)-II whereby it has been intimated that one water connection is running in 1-C, MIG DDA Flats, Friends Colony against New Kno. 9228331000. A photocopy of current bill has been enclosed which shows the water bill has been issued in the name of Sh. Arun Bhattacharya however the name of petitioner is Smt. Aruna Bhattacharya is annexed herewith and marked as Annexure D7(Colly).
h) That a reply dated 11.04.2017 received from office of Ex. Engineer (Electricity) BSES, Nehru Place, New Delhi-110019 whereby it was informed that no meter was found at site for Flat No. 1-C MIG DDA Flats, Friends Colony (EAST), further as per the records also no connection is found applied at the address. Copy of the said letter is annexed herewith and marked as Annexure D8.
i) That another reply dated 11.04.2017 received from Asstt. Assessor & Collector/CNZ alongwith copy of ownership documents in respect of 1-C, MIG DDA FLATS, Friends Colony (East) New Delhi alongwith photocopies as under:
Letter 12.10.84 of Delhi Development Authority Possession slip dated 22.01.85 Possession letter dated 20.12.84 Copies of the above said letters are annexed herewith and marked as Annexure D9 (Colly)."
Writ petition is disposed off with the directions that the documents enumerated in the para 7 of the counter affidavit shall be
treated to be the certified copies of the documents in the record of the respondent-DDA, and the same may be relied upon, subject to any verification as regards the genuineness and authenticity thereof, for the purpose of conversion, as per the rules/regulations/guidelines or any other order of DDA.
A. K. CHAWLA, J SEPTEMBER 15, 2017 rc