Ravinder Kumar Jain v. Delhi Developement Authority

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10858/2017 and CM APPL. 44475/2017 RAVINDER KUMAR JAIN ..... Petitioner Through Mr. K.G. Mishra, Advocate versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through Ms. Shobhana Takiar, Advocate

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 06.12.2017 Instant petition has come to be filed by the petitioner, who is aged about 69 years, seeking issuance of writ of mandamus to the respondent-Delhi Development Authority, with the prayer, as follows: "I.

Approve the mutual exchange of Flats between (the petitioner having membership no.401 & original allottee of Flat No. N-15 on 3rd Floor) and Mr. Budhi Singh (having membership no. 92 & original allottee of Flat No.

V-2 on the Ground Floor) in Sahyog Cooperative Group Housing Society, Parvana Vihar, Plot No.52, Sector 9, H L Parvana Marg, Rohini, Delhi 110085 as recommended to Dy. Director (SOCIETY) by the said society on 08.03.1991;

II.

convert 'Lease Hold Rights into Free Hold Rights' relating to Flat No. V-2, which is presently in possession of the petitioner since 1991, as requested / and applied by the petitioner on 25.04.2003 vide receipt no. 049578;

................................................................................................ .........................................................................................."

Besides the aforegoing, petitioner seeks compensation, as according to him, he is being made to run from pillar to pillar inspite of the follow up, since the year 2003.

Ms. Takiar, ld. counsel for DDA, on her part, submits that certain documents still remain to be furnished by the petitioner and to that effect, the respondent-DDA had made the last communication dated 31.06.2006, copy whereof is Annexure-P-18 to the petition, and, finds place at running page 51, operative portion of which, reads, as under:

"In continuation to this office letter dated 25/4/06 (copy enclosed) vide which you were requested to submit the some documents but till date no reply has been received. You are again requested to submit the documents at the earliest, so that, case could be processed further."

At this stage, ld. counsel for the petitioner submits that the petitioner would be satisfied, if, the petitioner is permitted to visit the Office of respondent-DDA, and, complete the due formalities, furnishing the relevant/requisite documents, and that his application for conversion may be disposed off, in a time bound manner. Keeping in view the totality of the facts and circumstances, the instant petition is disposed off with a direction that the petitioner shall visit the Deputy Director (GH- DDA) on 20.12.2017 at 3:00 p.m., and furnish the required documents on the given date or any subsequent date, as may be fixed by the Deputy Director (GH-DDA), and that the application of the petitioner for conversion shall be disposed off within three months from today.

In the event the petitioner is not able to visit and submit the documents by himself, he may authorise someone for the purpose.

The concerned competent authority shall

dispose off the subject application of the petitioner for conversion, within three months, by a speaking order.

Petition stands disposed off accordingly.

Dasti under the signatures of the Court Master. A. K. CHAWLA, J DECEMBER 06, 2017 nn