Delhi High Court - Orders
Rajesh Tehlan vs Delhi Development Authority on 28 March, 2025
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3879/2025 & CM APPL. 18001/2025
RAJESH TEHLAN .....Petitioner
Through: Ms. Sonia A. Menon, Adv.
versus
DELHI DEVELOPMENT AUTHORITY .....Respondent
Through: Mr. Arun Birbal, Adv. for DDA.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 28.03.2025 CM APPL. 18002/2025 (exemption) and CM APPL. 18003/2025 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 3879/2025
3. The present petition has been filed under Article 226 of the Constitution of India seeking the following relief:
(a) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction quashing Clause 4(iii) of Circular No. F/1/0017/2025/CORD/-O/o DD (Coordination)/2674 dated 10.03.2025 issued by the Respondent No. 1;
(b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the Respondents to modify the eligibility criteria to allow for allocation of one CSP/EWS flat per dwelling unit owned, in accordance with the Master Plan 2021, established DDA policies, and the principles acknowledged in the judgment dated 23.01.2025 in W.P.(C) 1607/2024;
(c) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the Respondents 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 11/04/2025 at 23:57:38 to restructure the e-auction process to accommodate the allocation of CSP/EWS flats on a per-dwelling unit basis;
4. The learned counsel for the petitioner submits that the DDA/respondent had come up with a scheme known as Diwali Special Housing Scheme 2023 where they offered flats at three localities in Dwarka through e-auction i.e., Sector 19B Dwarka; Sector 14 Dwarka, and Loknayak Puram through e-auction.
5. She submits that in the e-auction, the petitioner had purchased four flats in his name while his son had separately purchased two flats.
6. She submits that another scheme was brought by the DDA by the name of DDA Diwali Special Housing Scheme 2023 on first come first serve basis. Under this scheme, the DDA had offered 728 flats for EWS categories.
7. She submits that since there were notifications dated 13.04.2023 and 23.09.2023 issued by the Ministry of Urban Development, Delhi Division, thereby offering 50% of the EWS flats in Sector 19, Dwarka New Delhi to the purchasers of the other categories of flats i.e., HIG Category, Super HIG Category and Penthouse Category, therefore, the petitioner felt aggrieved by the offer being made by the DDA to the general public on first come first serve basis, ignoring the dwelling unit owners for whom 50% EWS flats had been reserved. Accordingly, the petitioner filed a petition before this Court i.e. W.P (C) 1607/2024.
8. She submits that in the said writ petition, the learned counsel for the DDA, on instructions, had stated that the DDA proposes to offer 50% of the said EWS flats i.e. 364 flats to the purchasers of apartments of HIG Category, Super HIG Category and Penthouse Category in Sector 19B 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 11/04/2025 at 23:57:38 Dwarka. Accordingly, the writ petition was disposed of by this Court vide order dated 23.01.2025.
9. She submits that despite giving a proposal to sell 364 EWS flats to the purchasers of the apartment of HIG Category, Super HIG Category and Penthouse Category, the DDA is now offering the remaining 364 EWS flats in Sector 19B Dwarka by way of e-auction. The petitioner is aggrieved with the circular dated 10.03.2025 announcing such e-auction, more particularly the following clause contained therein:
iii. Since, available flats on offer is 364 as compared to eligible flat owners of more than 1100, each applicant is eligible for only one flat under this scheme, irrespective of the number of flats purchased in his name individually or jointly in Golf View Condo. However, applicants may apply for multiple flats. In such cases, only one allotment will be made i.e., the first flat in terms of chronology getting H1 bid from the same person would be freezed in his/ her name.
10. She submits that the petitioner, as well as, his son together owns 06 HIG flats, therefore, as per their eligibility they have submitted 06 separate bids. However, since only one flat is being offered to each applicant, therefore, right of the petitioner has been affected and the same is also contrary to the undertaking of the DDA recorded in the order dated 23.01.2025 passed in W.P (C) 1607/2024.
11. In view of the above, issue notice. Mr. Arun Birbal, the learned counsel for the respondent/DDA accepts notice.
12. He submits that the present petition has been filed at the last stage when all the formalities of e-auction has already been done. Inviting attention of the Court to the impugned Circular dated 10.03.2025, he submits that the said circular for e-auction of flats was issued on 10.03.2025 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 11/04/2025 at 23:57:39 and the date for final submission of the application was 26.03.2025 (06:00 p.m).
13. He contends that pursuant to the said circular, the DDA has received as many as 2600 EMDs (Earnest Money Deposits). He submits that the flats in the categories of HIG, Super HIG and Penthouse in Sector 19B, Dwarka are 1100 in number and the EWS flats which are being put to auction are only 364 flats. Accordingly, a policy decision has been taken by the DDA to offer one flat to each applicant.
14. He further contends that the purpose of impugned clause in the circular is to provide fair chance to all eligible apartment owners to own a EWS flat for their service personnel.
15. He further contends that without impugned restriction, applicants with higher financial capacity could acquire multiple flats depriving other eligible apartment owners of the opportunity to purchase the flat. Further, allowing multiple purchases would undermine the public interest by restricting the availability of flats to a few individuals with higher financial capacities.
16. This Court, prima facie, finds substance in the submission of Mr. Arun Birbal.
17. Let counter-affidavit be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
18. List on 20.08.2025.
19. Order dasti under the Signatures of the Court Master.
VIKAS MAHAJAN, J MARCH 28, 2025/dss 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 11/04/2025 at 23:57:39