Delhi High Court - Orders
Govind Saran Sharma vs Delhi Development Authority And Anr on 20 February, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2802/2020 and CM APPL. 9787/2020, 7039/2021
GOVIND SARAN SHARMA ..... Petitioner
Through: Mr. Bahar U Barqi & Mr. M K Khan
Advocates (M: 9873787009).
versus
DELHI DEVELOPMENT AUTHORITY
AND ANR. ..... Respondents
Through: Mr. Sanjay Katyal, Standing Counsel
with Mr. Sumit Chander, Mr.
Gurdeep Chauhan and Mr. Nihal
Singh Advocate for DDA (M:
8920345880).
Mr. Yeeshu Jain, Standing Counsel
with Ms. Jyoti Tyagi and Ms.
Manisha, Advocate for LAC (M:
9811394417).
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 20.02.2023
1. This hearing has been done through hybrid mode.
2. The present petition has been filed on behalf of the Petitioner - Mr. Govind Saran Sharma seeking directions to the Respondents to execute conveyance deed/ title documents in respect of plot bearing No. E-66, Malviya Nagar, New Delhi-110017 (hereinafter, "Subject Property"), under the Saket/South Residential Scheme, in favor of the Petitioner.
3. The present petition has been filed against Respondent No.1 - Delhi Development Authority (DDA) and the Respondent No.2 - Land & Building Department (L&BD).
4. The Petitioner is present in Court along with his power of attorney Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 2802/2020 Page 1 of 3 Signing Date:21.02.2023 16:22:33 holder i.e. Dr. M.A. Khan.
5. The claim of the Petitioner is that the subject property was allotted to him by the DDA. Accordingly, the Petitioner seeks execution of conveyance deed and titled documents in respect of the said property.
6. The stand of the L&BD is that the recommendation which was relied upon by the Petitioner as also by the DDA for allotting the subject property to the Petitioner was forged.
7. The stand of the DDA in its counter affidavit is that initially, the L&BD stated that the recommendation letter was forged, however, later the L&BD stated that the same was genuine. The relevant part of the said counter affidavit, filed by the DDA is set out below:
"7. That Answering Respondent/DDA respectfully submits that after the disposal of writ petition, Answering Respondent issued letters to Land & Building Department/Respondent No. 2 with request to confirm the genuineness of the recommendation letter 22.9.1979. That thereafter the Respondent No. 2 vide letter dated 09.12.2011 confirmed the genuineness of the recommendation letter dated 22.09.1979."
8. In view of the aforementioned circumstances, it is directed as follows:
(i) The DDA and the L&BD shall produce their original files in respect of the subject property;
(ii) An affidavit shall also be filed by the DDA and the L&BD giving the details of all the officials under whose signatures the relevant letters are stated to be issued who were working in their respective departments and their present position;
(iii) the DDA shall file copies of all the letters relied upon by Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 2802/2020 Page 2 of 3 Signing Date:21.02.2023 16:22:33 it in its counter affidavit in support of the plea that the L&BD had confirmed that the recommendation letters are genuine;
(iv) the concerned official i.e. Shri. Prashant Prasad, who has deposed the counter affidavit on behalf of the DDA shall also obtain the status of the alleged FIRs which have been lodged, as mentioned in paragraph 8 of the counter affidavit;
(v) the L&BD and the DDA shall place on record the complete list of 128 properties which are stated to have been allotted to various persons on the basis of forged L&BD recommendations and the persons who are currently in possession of these properties;
(vi) the concerned officials from the L&BD and the DDA shall be present in Court on the next date of hearing;
(vii) the Petitioner and the power of attorney holder shall also be present in Court on the next date of hearing;
(viii) the SHO, PS - Saket Malviya Nagar shall place on record a report as to who is currently in possession of the subject property.
9. The present order be also served upon Mr. Sanjay Lao, ld. Standing Counsel (Criminal) to ascertain the possession of the properties as also the status of the two FIRs which are referred to by DDA and the L&BD.
10. List on 8th May, 2023 on top of board.
PRATHIBA M. SINGH, J.
FEBRUARY 20, 2023/mr/kt Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 2802/2020 Page 3 of 3 Signing Date:21.02.2023 16:22:33