Delhi District Court
2- Shri Birender Singh Negi vs Government Of Nct Of Delhi on 19 November, 2012
IN THE COURT OF MRS. SUNITA GUPTA:
DISTRICT & SESSIONS JUDGE: DELHI
PPA Appeal No. 01/2012
Unique ID No. 02401C0108472012
1- Smt. Ganga Devi
W/O Late Shri Jaman Singh
R/O Quarter No. 1556,
Gulabi Bagh,
Delhi-110007
2- Shri Birender Singh Negi
S/O Late Shri Jaman Singh
R/O Quarter No. 1556,
Gulabi Bagh,
Delhi-110007
...Appellants
Versus
1- Government of NCT of Delhi
Through its Chief Secretary
Delhi Secretariat, I.P. Estate,
New Delhi-110 002.
2- Estate Officer
Assistant Housing Commissioner(PWD-1)
Government of NCT of Delhi,
Public Works Department,
5th Level, B Wing,
Delhi Secretariat,
New Delhi
...Respondents.
Date of institution of appeal : 06.03.2012
Date when final arguments were heard: 16.11.2012
Date of pronouncement of judgment :19.11.2012.
(PPA Appeal No.01/2012) (Page 1 of 9)
JUDGMENT :-
Feeling aggrieved by the order dated 24th February, 2012 under Sub-Section(1) of Section 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as "the PP Act") , the present appeal has been filed by the appellants.
2- Briefly stated the facts giving rise to the filing of the present appeal are succinctly detailed as follows. Appellant no.1 Smt. Ganga Devi was appointed as Water woman, (Group-D) on compassionate grounds after the death of her husband Shri Jiman Singh with Directorate of Education, Government of NCT of Delhi and was allotted quarter no. 1556,Type-II, Gulabi Bagh, Delhi-110 007. Appellant no.2 Birender Singh Negi is the son of appellant no.1 and presently working as Constable in Delhi Police. He joined Delhi Police in the year 1994 and has been living with his mother since 2002. He is not drawing House Rent Allowance since 2002. On 16.12.2010 appellant no.2 wrote a letter to the Deputy Commissioner of Police, citing certain examples of similarly situated persons of Delhi Police, who have been granted Delhi Administration quarters in Gulabi Bagh, Delhi and requested that quarter no. 1556,Type-II, Gulabi Bagh, Delhi-110 007 may be regularised in his name. On 20.12.2010 , appellant no.1 also requested to regularise this quarter citing examples of Delhi Police Personnel, who have been granted Delhi Administration quarters in Gulabi Bagh and requested that the (PPA Appeal No.01/2012) (Page 2 of 9) said quarter be regularised in the name of her son, who is a Constable in Delhi Police. On 31.01.2011, appellant no.1 superannuated, as water woman, from Directorate of Education , Govt. of NCT of Delhi. On 03.06.2011, appellant no.2 gave a declaration to PWD (Housing) that there is no other family member in his family who is an allottee of Government accommodation or has applied for the same. Neither appellant no.2 or his wife or children or else has been allotted any house/plot/land in their name. On 09.06.2011, appellant no.1 submitted her reply to the letter dated 19.05.2011 to the Government of NCT of Delhi with the requisite information as sought by Government of NCT of Delhi. On 22.12.2011, the representation of appellant no.1 was rejected by respondent no.2 intimating that Delhi Administration accommodations are not applicable to the personnel of Police Department. This rejection is contrary to the stand of the respondents, inasmuch as on one hand personnel of Delhi Police have been allotted Delhi Administration quarters under the Inter Pool Exchange and on the other hand representation of the appellants was rejected. On 28.12.2011, respondent no.2 issued notice under Section 4(1) clause (B)(ii) of the PP Act to appellant no.1. The appellants represented to the Lt. Governor, Delhi for regularisation of quarter no. 1556,Type-II, Gulabi Bagh, Delhi- 110 007 in the name of appellant no.2. On 23.01.2012, the Additional Secretary to Lt. Governor wrote a letter to the (PPA Appeal No.01/2012) (Page 3 of 9) Principal Secretary, PWD, Govt of NCT of Delhi for sympathetic consideration regarding regularisation of quarter no. 1556,Type-II, Gulabi Bagh, Delhi-110 007 in the name of appellant no.2. On 24.02.2012, appellant received the notice whereby she was called upon to vacate the aforesaid quarter within 15 days. This eviction order has been challenged inter- alia on the ground that appellants had reasonable expectation of allotment/regularisation of residential accommodation as appellant no. 2 is eligible for residential accommodation under the General Pool of Central Government and can also be granted accommodation by resorting to Inter Pool Exchange.
He had also a reasonable expectation of allotment/regularisation of residential accommodation as no HRA has been claimed by the petitioner/appellant no.2 since 2002. Various quarters in Gulabi Bagh have been allotted to the personnel by resorting to the method of Inter Pool Exchange. The rejection of request is in violation of Article 14 of the Constitution. Appellant no.2 has no other residential accommodation, in his name and in case he is thrown out of the accommodation, same will be in violation of Article 19(1)
(e) and 21 of the Constitution. As such, it was prayed that a notice dated 24.02.2012 under sub-section (1) of Section 5 of the Act be set aside.
3- Notice of the appeal was given to the respondents and record of the learned Estate Officer was called.
4- Respondent no.2 contested appeal by filing a reply (PPA Appeal No.01/2012) (Page 4 of 9)
wherein it was submitted that the appeal is not maintainable and is liable to be dismissed as respondent no.2 has written letter dated 23.03.2012 to the Additional Deputy Commissioner of Police, General Administration, Residential Allotment Cell, Delhi Police Headquarter, MSO Building, I.P. Estate, New Delhi requesting to place a Type-II flat from the pool of Delhi Police at the disposal of PWD, Government of NCT of Delhi, therefore, the appeal is liable to be dismissed being pre-mature. On merits it was admitted that some Delhi Police personnel have been granted Delhi Administration flats under Inter Pool Exchange basis and not on regularisation basis. In the instant case, the appellants requested for regularisation of aforesaid flat after retirement of his mother i.e. appellant no.1, who is original allottee. The request of the appellants was not considered as per rules of Delhi Administration Allotment of Delhi Government Residence (General Pool) Rules,1977 as he is not entitled for regularisation of Government accommodation. The appellant no.2 is an employee of Delhi Police which is not an eligible office of Delhi Administration for grant of Delhi Government accommodation. As such, representation was rejected. The letter has already been written to Delhi Police and in case the request of PWD, Delhi Government is accepted by Delhi Police then the case regarding allotment/regularisation of Delhi Government flats under Inter Pool Exchange in respect of appellant no.2 will be processed accordingly. As such, it was (PPA Appeal No.01/2012) (Page 5 of 9) submitted that appeal be dismissed being pre-mature. 5- I have heard Shri Arun Nishcal, Advocate for the Appellants, Shri S.C. Sood, Advocate for the Respondents and have gone through the records carefully.
6- It was submitted by ld. Counsel for the appellants that appellant no.1 was allotted Government accommodation who had retired on 31.01.2011. Appellant no.2 was residing with appellant no.1 and is working as Constable in Delhi Police. He is not drawing HRA since 2002. As such, they sought regularisation of quarter by Inter Pool Exchange. The other employees in Gulabi Bagh were allotted quarters by Inter Pool Exchange by Delhi Police. As such, appellants cannot be discriminated. The impugned order is thus liable to be set aside.
7- Per contra, it was submitted by ld. Counsel for respondent that quarter in question was allotted to appellant no.1 being an employee of Directorate of Education. After her superannuation, she is liable to vacate the same. However, a representation was made for regularisation of the quarter which however could not be considered as per rules of Delhi Administration Allotment of Delhi Government Residence (General Pool) Rules 1977. Appellant no.2 is an employee of Delhi Police and as such is not entitled to Delhi Administration flat. However, a representation was made by appellants to the Lt. Governor of Delhi, which was received in the office of respondent. As such for taking a lenient view in the matter (PPA Appeal No.01/2012) (Page 6 of 9) Delhi Police has been requested to place a Type-II flat at the disposal of PWD, Delhi Government in lieu of flat of Delhi Government and in case the request is accepted by Delhi Police then the case for allotment/regularisation will be considered but so far as the impugned order is concerned there is no infirmity in the order and the appeal is liable to be dismissed. 8- I have given my considerable thoughts to the respective submissions of the parties and have gone through the records carefully.
9- The factual matrix of the case are not in dispute inasmuch as there is no dispute that appellant no.1 being a Water woman was employee of the Directorate of Education, Government of NCT of Delhi. In that capacity she was allotted quarter in question. She however, superannuated on 31.01.2011 and as such was liable to vacate the premises. Prior to her superannuation she made a request for regularisation of the quarter in the name of her son i.e. appellant no.2 who is working as Constable in Delhi Police. Similar request was also made by appellant no.2 to the Deputy Commissioner of Police which was not acceded to since Delhi Administration Allotment of Delhi Government Residence (General Pool) Rules 1977 does not permit regularisation of Government accommodation. As such, request of appellant no.1 could not be acceded to and therefore the same was rejected. Consequently, Show Cause notice was served upon her and thereafter the impugned order was passed calling upon her to (PPA Appeal No.01/2012) (Page 7 of 9) vacate the premises within 15 days. Learned counsel for appellants could not point out any infirmity in the impugned order which calls for inference.
However, he emphasised that certain other employees of Delhi Police were allotted quarters under the Inter Pool Exchange in Gulabi Bagh and on parity the appellants are claiming the same. A perusal of the reply submitted by the respondent no.2 goes to show that they have also written a letter requesting the Delhi Police to place a Type-II flat at the disposal of PWD, Delhi Government in lieu of flat of Delhi Government allotted to appellant no.1 so that the case regarding allotment under Inter Pool Exchange can be processed. That being so, respondent no.2 is not averse to allotment of the quarter in case the Delhi Police agrees to place Type-II flat at the disposal of PWD, Delhi Government under Inter Pool Exchange. The result of the aforesaid discussion is that impugned order does not suffer from any infirmity which calls for interference. As such. Appeal is dismissed. However, the dismissal of the appeal will not come in the way of Respondents to process the allotment/ regularisation of Delhi Government flat under Inter Pool Exchange in case a type-II flat is placed by Delhi Police at the disposal of PWD, Delhi Government for the purpose of allotment to appellant no.2.
(PPA Appeal No.01/2012) (Page 8 of 9) 10- A copy of this order be sent to the Estate Officer while
returning the records. Appeal file be consigned to the record room.
File be consigned to the record room.
Announced in open Court
on 19.11.2012 (SUNITA GUPTA )
DISTRICT & SESSIONS JUDGE
DELHI
(PPA Appeal No.01/2012) (Page 9 of 9)