Delhi High Court - Orders
Govind Saran Sharma vs Delhi Development Authority And Anr on 12 December, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~4 (SB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2802/2020, CM APPLs. 9787/2020, 7039/2021
GOVIND SARAN SHARMA ..... Petitioner
Through: Mr. M K Khan and Mr. Aman Mirza
Along with Petitioner and GPA
Holder (M. 9456204402)
versus
DELHI DEVELOPMENT AUTHORITY
AND ANR. ..... Respondents
Through: Mr. Anurag Ahluwalia, Adv
(CGSC) Ms. Avshreya Pratap Singh
Rudy, Advs. Counsel for Union of
India (MOHUA) (M. 9810001315)
Ms. Hetu Arora Sethi ASC GNCTD
(M. 9810368590)
Mr. Sanjay Kumar Pathak Standing
counsel with Mr. Sunil Kumar Jha
and M.S. Akhtar advs. for R-2 /
L&B Department (M. 9910770311)
Mr. Sumit Chander, Mr. Gurdeep
Chauhan and Ms Mahak Dua, Advs.
Along with Mr. Pankaj Bhagat,
Deputy Director, DDA for R-1 (M.
8685852222)
Mr. Pankaj Kumar Thakur, Insp
EOW Delhi Police (M. 9968539669)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 12.12.2023
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner-Mr. Govind Saran Sharma seeking directions to the Respondents for the execution of conveyance deed/title documents regarding a plot identified as 'No. E-66 in W.P.(C) 2802/2020 Page 1 of 10 This is a digitally signed order.
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 14/12/2023 at 01:30:57 Malviya Nagar, New Delhi' (hereinafter, 'subject property'), under the Saket/South Residential Scheme, in favour of the Petitioner.
3. The Petitioner has preferred this petition against Respondent No. 1- the Delhi Development Authority ('DDA'), and Respondent No. 2- the Land & Building Department ('L&BD').
4. Vide order dated 6th November, 2023, this Court passed the following directions:
"21. Apart from the 128 cases, there are 38 more cases where the files are not traceable. Consequently, there are a total of 166 cases where the recommendations are stated to be forged. At this stage, it has been also stated by the ld. Counsel for the DDA that 53 properties were not allotted, and hence only 113 cases exist where the recommendation letters have been forged. To date, the DDA has only been able to trace 33 out of 113 properties.
22. Even out of the said 33 properties, 11 properties are vacant, however, the remaining have been developed and constructed. For the last more than 40 years, DDA has not taken any concrete steps to get back the possession of these properties.
23. Certain steps are stated to have been taken after the Court has taken cognizance of the situation, and has passed strict directions. However, the action taken by the authorities till now is clearly not satisfactory.
24. Mr. Katyal, ld. Counsel has emphasized that the DDA is taking these matters seriously. Day to day tracing of records and steps to reclaim possession are underway. According to him, Vice Chairman, DDA has accorded topmost priority to this matter.
25. Considering the gamut of issues and authorities involved, there has been no follow-up by either the L&BD, GNCTD or the DDA. The MoHUA has also not taken any action despite two orders from this Court. The value of these properties, even at an average price, W.P.(C) 2802/2020 Page 2 of 10 This is a digitally signed order.
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 14/12/2023 at 01:30:57 would be in thousands of crores, as it involves a total of 166 properties out of which it is stated by DDA that 53 recommendations did not result in allotments. Thus, there are at least 113 properties located in Saket, Safdarjung, Pitampura, Shalimar Bagh, Friends Colony, Masjid Moth and other prime locations. The said plots exceed 100 sq. yards, with some plots spanning more than 300 sq. mtrs., 500 s. mtrs. and so on. Such plots are extremely valuable and the price of each plot would run into crores. The total value of these properties even by conservative estimates could be over Rs. 2000 crores.
26. The DDA ought to continue with action to withdraw the allotments and taking possession of these properties underlying forged recommendation letters. However, officials guilty for these allotments and the beneficiaries of these allotments should not be allowed to escape without consequences for having relied upon forged letters. Moreover, there is an immediate need for technological solutions to be implemented within the DDA for allotments of these plots, ensuring that forgeries do not become the basis for allotments. According to Mr. Katyal, ld. Counsel submits that the DDA currently has a transparent mechanism in place. If so, let an affidavit be placed on record to that effect before the next date of hearing.
27. In respect of the above, let an updated status report be filed by the DDA and the MoHUA, if so advised.
28. On the next date of hearing, ld. Counsel to make the submissions as to why this entire matter ought not to be referred to the Central Bureau of Investigation (CBI) for further investigation and inquiry to proceed in accordance with law, or whether the investigation in the present matter should be continued by the EOW, Delhi Police.
29. The DDA shall also immediately issue W.P.(C) 2802/2020 Page 3 of 10 This is a digitally signed order.
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 14/12/2023 at 01:30:57 instructions to the concerned Sub-Registrars giving the complete list of 128 properties, so as to ensure that no further third-party interest is created in any of these 128 properties. No further sale should also be permitted.
30. Copy of this order be communicated to the Chief Secretary, GNCTD for compliance by all Sub- Registrars."
5. In terms of the previous order, a status report has been filed by the DDA dated 11th December, 2023. However, today, an adjournment is sought on the ground that Mr. Katyal, ld. Counsel is held up in another Court.
6. In respect of the status report filed by the DDA, there are various queries of this Court that need to be addressed. Additionally, it is directed that the L&BD shall file a response to all the issues raised by the DDA's status report.
7. The Petitioner is present in Court. His Aadhaar card has been accepted as proof of his identity. He is not required to appear, unless the Court specifically called for by the Court.
8. The Court has perused the status report placed on record and directs the DDA and other authorities to comply with the following:
Relevant extract of the status report Directions "4. That this Hon'ble Court categorically (i) In respect of the properties instructed the DDA to continue with action as mentioned in paragraph to withdraw the allotments and take possession of these properties (128+ 38) 4(a) & (b), the L&BD shall underlying forged recommendation letters.
reply within one week. Upon It is submitted that an affidavit in respect of the 33 properties found out of the total 128 receiving the reply from the recommendations was filed by DDA before L&BD, the DDA shall take the last date of hearing in the instant matter. After that in continuation of the further action in accordance W.P.(C) 2802/2020 Page 4 of 10 This is a digitally signed order.
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 14/12/2023 at 01:30:57 same, the following progress has been made with law. in respect of these 33 properties:
(a) Property No. B-57, Friends Colony:
As mentioned in the report filed in the court earlier it is submitted that notice was pasted on the property no. B57, Friends Colony to get the details of allotment vide this office letter dated 20th October 2023. On receipt of the notice, the owner of the property visited DDA along with original documents of the property. On scrutinising the documents, it was found that the current purchaser has bought the plot from the legal heirs of Bhram Swarup purchaser has bought the plot from the legal heirs of Bhram Swarup, the original allottee / recommendee of the plot and the conveyance deed was -executed in 2018. It was further revealed that Land and Building department has verified / confirmed the original recommendation letter on two occasions vide their letters dated 15.01.1985 and 30.03.1988.
Accordingly, a letter has been sent to Land and Building Department to verify the genuineness of these confirmation letters vide letter dated 21.11.2023 of this office to enable DDA to decide the future course of action. Response from Land and Building Department is awaited.
(b) Out of the total 33 properties, in 8 cases 'confirmation of recommendation letters' have been W.P.(C) 2802/2020 Page 5 of 10 This is a digitally signed order.
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 14/12/2023 at 01:30:57 found and Land and Building Department has been requested vide letters dated 04.10.2023, 09.10.2023 and 30.10.2023 of this office to verify these confirmation letters to enable DDA to further act upon the directions of the Hon'ble High Court.
A reminder in this regard has also been sent on 21.11.2023. Response from Land and Building Department is awaited. Copy of the letter dated 21.11.2023 is annexed hereto as Annexure-II."
(c) "It was submitted before the Hon'ble (ii) Insofar as paragraph 4(c) Court that 11 properties were found is concerned, it is submitted vacant and out of these 11 properties that signage has been placed on 4 properties DDA board existed. in respect of seven properties. In the rest of the 7 properties DDA On a query from Court, Mr. signage board have been placed and Pankaj Kumar Bhagat, an possession of these plots has been official from DDA, who is taken physically. A list of these 7 present in Court, submits that properties has been attached as the boundary wall is to be Annexure -III" erected on these properties.
Let the boundary wall in respect of these 7 properties mentioned in Annexure III be erected, and photographs of the same be placed on record.
(d) "Further in respect of 2 properties (iii) Insofar as the two (G-58 Saket and J-120 Saket) properties in paragraph 4(d) demolition was planned however the are concerned, let the same could not be carried out due to demolition action be the GRAP-III restrictions placed in undertaken in accordance view of the worsened air quality in with law by the DDA. Delhi. Recently, these restrictions have been relaxed, as such, the demolition program wrt these W.P.(C) 2802/2020 Page 6 of 10 This is a digitally signed order.
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 14/12/2023 at 01:30:57 properties in under progress and is 'likely to be completed within second week of December, 2023'."
(f) Further an FIR in this matter has (iv) Insofar as paragraph already been lodged with EOW to 4(f) is concerned, let the investigate the matter. Complete information sought for by the records in respect of 33 properties Economic Offence Wing were sent through email on 21.11.23 ('EOW') be submitted by the and the physical copy of the allotment DDA within two weeks to the letters and recommendation letters as EOW. per available records, were also sent to EOW on 30.11.2023. Copy of the letter dated 30.11.2023 is annexed hereto as Annexure:- IV"
(g) With respect to the additional 38 (v) Insofar as the paragraph cases referred in the Land and 4(g) is concerned, the L&BD Building department letter no. shall again reply to the DDA F.15/210/80L&B-7352 dated within one week.
17.02.1981 wherein it is mentioned that In about 38 cases other than the above 128 cases, files are not readily traceable (list attached). Efforts are being made to trace out the above files and meanwhile no action need to be taken in these cases and they must be kept in abeyance". In this regard it is submitted that the Land and Building department vide this office letter dated 29th November, 2023 has been requested to confirm the genuineness of recommendation letter issued in respect of 38 recommendations 'including these 18 properties'. Meanwhile, these independent files are being scrutinised to find out the details of allotments and also rest of the properties files are being searched in W.P.(C) 2802/2020 Page 7 of 10 This is a digitally signed order.
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 14/12/2023 at 01:30:57 the office records. Copy of the letter dated 29.11.2023 is annexed as Annexure V
(h) In case of 5 properties, i.e. G-56, J- (vi) Insofar as paragraph 116, E-101, E-99 Saket and B-3/84 4(h) is concerned, let SDA proceedings under PP Act, 1971 verification of the documents, have been initiated. in respect of these properties take place.
Further, if it is found that the same are based on the forged recommendation, action in accordance with law for cancellation shall be taken.
(i) The file pertaining to Plot No.E-64, (vii) Insofar as paragraph Malviya Nagar Extn (Saket) DDA to 4(i) is concerned, let further cancel the lease deed of plot (in status report be placed on individual file) has been initiated and record before the next date of after cancellation of lease deed the hearing.
case may be referred to Estate In order to enable the
Officer to initiate the proceedings authorities to take a
under P.P. Act to resume the comprehensive decision,
possession of plot after due process orders passed by this Court in
of law. this Petition, shall be placed
before the Competent
Authority along with the
relevant files.
5. That this Hon'ble Court in its order (viii) Insofar as paragraph 5
dated 06.11.2023 directed that the is concerned, the names of the
Officials guilty for these allotments and officers against whom the
the beneficiaries of these allotments disciplinary proceedings are
should not be allowed to escape without to be initiated have not been
consequences for having relied upon mentioned. Let the same be
forged letters. In this regard it is mentioned in the next status
submitted that the information relating to report, placed before this
33 properties and 26 file available have Court, before the next date of
been sent to Vigilance Department DDA hearing.
W.P.(C) 2802/2020 Page 8 of 10
This is a digitally signed order.
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 14/12/2023 at 01:30:58 on 16.11.2023 for investigating the matter and to initiate 'appropriate disciplinary proceedings' against the officials involved in this case, if the officials of DDA were found responsible for the misconduct. The matter is being investigated for identifying the delinquent officials, if any.
17. That this Hon'ble Court vide order (ix) Insofar as paragraph 17 dated 06.11.2023 also directed the DDA to is concerned, the details of the immediately issue instructions to the auction purchaser of the three concerned Sub-Registrars giving the properties and the sale complete list of 128 properties, so as to consideration received ensure that no further third-party interest thereof, shall be placed on is created in any of these 128 properties. record by the next date of No further sale should also be permitted. hearing. In this regard, DDA humbly submits that these are not 128 properties, but 128 recommendations received. Out of these 128 recommendations, in 53 cases no allotment was made, as found recorded in a register maintained for recommendation letters. Out of remaining 75 recommendations, only 33 properties have been found allotted. Out of these 33 properties, in case of 3 properties allotment made on the basis of recommendation letters were cancelled and thereafter these properties were auctioned to H1 bidder, after following the due procedure. Therefore, stopping creation of third part interest in these cases would not be fair. In case of rest of the 30 properties (including 3 properties in which after cancellation of allotment made on the basis of recommendation letters, properties were reallotted to other persons on alternative allotment basis and 11 W.P.(C) 2802/2020 Page 9 of 10 This is a digitally signed order.
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 14/12/2023 at 01:30:58 properties where DDA has taken over the possession physically) letters have been duly sent to Sub-registrars and Concerned District Magistrates vide letter dated 28.11.2023 with request to ensure not to register any GPA/ATS/Sale Deed in respect of these 30 properties. Copy of the letter sent to all the Sub-registrar and district magistrate is annexed here to as Annexure-VIII.
9. The EOW (Economic Offences Wing) and the MoHUA (Ministry of Housing and Urban Affairs) are free to respond to the said status report dated 11th December, 2023 placed on record by the DDA.
10. Ld. Counsels for the parties are permitted to obtain the electronic record of the Court pertaining to this petition, to assist the Court regarding the status reports filed by the DDA on the next date of hearing.
11. A competent official from the DDA and the L&BD shall remain present in Court on the next date of hearing to assist the Court in the present petition.
12. List on 12th January, 2024 for further hearing.
13. This is a part heard matter.
PRATHIBA M. SINGH, J.
DECEMBER 12, 2023/dk/dn W.P.(C) 2802/2020 Page 10 of 10 This is a digitally signed order.
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 14/12/2023 at 01:30:58