Santosh Sharma v. D.D.A.

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6009/2008 SANTOSH SHARMA .....Petitioner Through:

Mr. P.S. Rana, Mr. Harshit Aggarwal and Mr. Kunwar Tyagi, Advocates versus D.D.A. .....Respondent Through:

Ms.

Manika Tripathy, Standing Counsel for DDA with Mr. Gautam Yadav and Mr.

Sanjay Singh, Advocates

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 28.01.2025 CM APPL. 4436/2025 1.

With the consent of both the learned counsel for the parties and the fact that the matter is of the year 2008, present petition has been taken up today for final hearing.

2.

Aforesaid application stands disposed of accordingly. W.P.(C) 6009/2008 3.

Issue involved in the present writ petition is very short and precise. 4.

Petitioner is occupant of one flat of Kangra Group Housing Co-operative Society situated in Vikas Puri, New Delhi. 5.

According to Mr. P.S. Rana, learned counsel for petitioner, there are certain violations which are condonable in nature and DDA, generally, condones any such violation with respect to a DDA flat. However, if these W.P.(C) 6009/2008 1 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 31/01/2025 at 12:30:47

violations are there in a flat of any Co-operative Group Housing Societies (CGHS), the same yardstick is not applied and such violation is not condoned. 6.

Thus, according to petitioner, policy and procedure as contained in F2(83)/94/coord/(H)/Pt./8 dated 13.12.1996 and 17.01.1997 which are applicable to DDA should also be made applicable to a flat situated in CGHS. 7.

After hearing arguments for some time, learned counsel for petitioner has made an alternate request. He submits that he would rather make an exhaustive representation to DDA within one week from today with respect to the above said issue and DDA may be requested to consider the same and to dispose of the aforesaid representation by way of a speaking and reasoned order in a time-bound manner.

8.

In view of the above, the present writ petition is disposed of as not pressed.

9.

Simultaneously, petitioner is given liberty to submit a representation to the respondent-DDA within one week from today and it is expected that DDA shall decide the same within twelve weeks from today. 10.

All the rights and contentions of the parties are left open. 11.

Needless to say, if the petitioner is aggrieved by the outcome of her such representation, she would be at liberty to seek appropriate judicial remedy.

MANOJ JAIN, J JANUARY 28, 2025/dr W.P.(C) 6009/2008 2 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 31/01/2025 at 12:30:47