Delhi High Court - Orders
Rakesh Arora vs Delhi Development Authority & Ors on 14 March, 2024
$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3664/2024 & CM APPLs. 15136/2024 & 15137/2024
RAKESH ARORA ..... Petitioner
Through: Mr. Rajiv Bajaj with Ms. Shruti
Khosh and Mr. Vidur Morwah,
Advocates.
versus
DELHI DEVELOPMENT AUTHORITY & ORS. ..... Respondents
Through: Mr. Sanjay Katyal, Standing counsel,
DDA with Mr. Nihal Singh, Advocate
for respondent/DDA.
(M): 8920345881
Email: [email protected]
Mr. Sanjay Kumar Pathak, Standing
counsel with Mr. M.S. Akhtar and
Mr. Mayank Arora, Advocates for
respondent no. 3.
(M): 9910770311
Email: [email protected]
Mr. Sanjeev Sabharwal, Standing
counsel, MCD with Ms. Shweta
Singh, Advocate for
respondent/MCD.
(M): 9810031680
Email: [email protected]
Mr. Abhinav Singh with Ms. Bhavi
Garg, Advocates for
respondent/MCD.
(M): 9811188892
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
This is a digitally signed order.
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ORDER
% 14.03.2024 CM APPL. 15136/2024 (for exemption)
1. Exemption allowed, subject to just exceptions.
2. Application is disposed of.
W.P.(C) 3664/2024 & CM APPL. 15137/2024
3. The present petition has been filed with prayer for directions to the respondents to not carry out demolition of the residential plot of land ad- measuring 693.25 sq. mts. which comprises of House No. 31 (172 sq. mts.), House No. 31-A(142.86 sq. mts.), House No. 31-B (218.22 sq. mts.) and House No. 32 (160. 13 sq. mts.), having one floor i.e., Ground Floor situated in unauthorized colony, Amar Colony C-Block, East Gokalpur, Delhi- 110094. It is submitted that by way of Conveyance Deed dated 04th January, 2024 executed by the Delhi Development Authority ("DDA"), absolute ownership and possession of the above described property was conferred in favour of the petitioner herein.
4. Learned counsel appearing for the petitioner has drawn the attention of this Court to the Conveyance Deed executed by the DDA in favour of the petitioner, which reads as under:-
"Office of Dy. Director (Un-authorized Colony) PM-UDAY Cell, PROCESSIING CENTRE NO.104 Plot No.4, Shop No. 6, Laxmi Nagar Disst. Centre, Delhi-110092 F. No. F1(1) MiscP.M. Uday/PC-104/DDA/Laxmi Nngar/ Date:-04-01-2024 To, The Sub-Registrar IV-SEELAMPUR Sub: Regarding Intimation of the documents executed by Asstt.
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 18/03/2024 at 22:07:50 Director PM-UDAY Cell) Laxmi Nagar.
Sir, This office has executed the Conveyance Deed of the properties which is described as under:
S Name Colon Propert Doc Date
I y y ume
. Address nt
N Issu
o ed
.
1 Sh. Amar H.No/Pl Conv 04-
. Rakes Colon ot No. eyan 01-
h y C- 31, ce 202
Arora Block, 31A, Deed 4
S/o East 31B, &
Sh. Gokal 32,
Amar Pur Khasra
Nath Delhi- No.
Arora 94 703,
(Khasra
No.
667,
698,
699 as
per
record
of
Revenu
e
Depart
ment
GNCT
D),
Block-
C,
Amar
Colony,
New
Delhi,
Delhi-
110094
You are requested to keep the above mentioned details in your record.
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 18/03/2024 at 22:07:51 AVNISH KAUSHAL Asstt. Director (PM-UDAY) DELHI DEVELOPMENT AUTHORITY LAXMI NAGAR DISTT. CENTRE"
5. It is submitted that the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019 lays down special provisions for the NCT of Delhi for recognising the property rights of residents in unauthorised colonies by securing the right of ownership or transfer or mortgage in favour of residents of such colonies, who are possessing properties on the basis of Power of Attorney, Agreement to Sale, Will, Possession letter etc. Thus, it is submitted that the Conveyance Deed dated 04th January, 2024 has been executed by the Delhi Development Authority (PM-UDAY Cell), thereby conferring absolute ownership and possession of the above described property in favour of the petitioner.
6. Learned counsel appearing for the petitioner also draws the attention of this Court to the order dated 07th February, 2024 passed in W.P. (C) No. 1863/2024 and submits that the petitioner is raising similar contentions in the present petition. The relevant portions of the order dated 07th February, 2024 in W.P. (C) No. 1863/2024, as relied upon by the petitioner herein, read as under:-
"xxx xxx xxx
6. It is further submitted that many of the residents have conveyance deeds in their favour. Moreover, the rest of the residents who are owners of the property, have already applied for issuance of conveyance deeds in their favour.
7. Learned counsel for the petitioner also relies upon The National Capital Territory of Delhi (Recognition of Property Rights in Residents in Unauthorised Colonies) Act, 2019 ("Act of 2019"). It is submitted that the said Act has specifically been enacted for the purposes of recognising the property rights of residents in unauthorised colonies, so that the rights of ownership of the residents are secured.
8. Learned counsel for the petitioner relies upon the Preamble of the 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 18/03/2024 at 22:07:51 2019 Act as well as Sections 2 and 3 therein, which read as under:
"1. (1) This Act may be called the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019.
(2) It extends to the National Capital Territory of Delhi.
2. In this Act, unless the context otherwise requires, -
(a) "resident" means a person having physical possession of property on the basis of a registered sale deed or latest Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration in respect of a property in unauthorised colonies and includes their legal heirs but does not include tenant, licensee or permissive user;
(b) "unauthorised colony" means a colony or development comprising of a contiguous area, where no permission has been obtained for approval of layout plan or building plans and has been identified for regularisation of such colony in pursuance to the notification number S.O. 683(E), dated the 24th March, 2008 of the Delhi Development Authority, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 24th March, 2008.
3. (1) Notwithstanding anything contained in the Indian Stamp Act, 1899 and the Registration Act, 1908 as applicable to the National Capital Territory of Delhi or any rules or regulations or bye-laws made thereunder and the judgment of the Supreme Court in the case of Suraj Lamp & Industries (P) Ltd. Vs. State of Haryana & others, dated the 11th October, 2011, the Central Government may, by notification in the Official Gazette, regularise the transactions of immovable properties based on the latest Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration for conferring or recognising right of ownership or transfer or mortgage in regard to an immovable property in favour of a resident of an unauthorised colony.
xxx xxx xxx"
xxx xxx xxx 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 18/03/2024 at 22:07:51
19. This Court records that prima facie it appears that the colony in question has already been regularised. Further, in terms of the aforesaid Act of 2019, steps are being taken for the purposes of recognising the property rights of the residents of various unauthorised colonies, by securing their rights of ownership or transfer or mortgage.
20. This Court also notes that residents in unauthorised colonies have been recognised, whose occupation is on the basis of the registered Sale Deed or Power of Attorney or Agreement to Sell, Will, Possession Letter or other documents including documents evidencing payment of consideration in respect of the properties in unauthorized colonies. Besides, the colony in question is stated to have been regularised.
21. In view thereof, this Court is of the considered view that prima facie the petitioners have rights over the properties, which they are occupying.
22. Considering the submissions made before this Court, it is directed that status quo be maintained by the parties till the next date of hearing. xxx xxx xxx"
7. Learned counsel appearing for the petitioner further submits that the petitioner shall use the property in question only for residential purposes.
8. Issue notice.
9. Notice is accepted by learned counsels appearing for the respondents.
10. Let reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
11. Considering the submissions made before this Court, it is directed that the respondents shall maintain status quo in land ad-measuring 693.25 sq. mts. which comprises of House No. 31 (172 sq. mts.), House No. 31- A(142.86 sq. mts.), House No. 31-B (218.22 sq. mts.) and House No. 32 (160. 13 sq. mts.) having one floor i.e., Ground Floor Situated in unauthorized colony, Amar Colony C-Block, East Gokalpur, Delhi-110094 till the next date of hearing.
12. List on 05th August, 2024.
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 18/03/2024 at 22:07:51 MINI PUSHKARNA, J MARCH 14, 2024 c 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 18/03/2024 at 22:07:51