Delhi High Court - Orders
Sheo Pratap Singh vs Government Of Nct Of Delhi & Anr on 14 March, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~82
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7518/2021, CM APPL. 23601/2021, 43894/2021,
43895/2021 & 44036/2021
SHEO PRATAP SINGH
..... Petitioner
Through: Mr. Pawanjit Singh Bindra, Sr. Adv.
with Mr. Vinayak Marwah, Adv.
versus
GOVERNMENT OF NCT OF DELHI & ANR.
..... Respondents
Through: Mr. Shadan Farasat, ASC (GNCTD)
with Ms. Hafsa, Adv. for R-1
Mr.Rahul Mehra, Sr. Adv. with
Mr. R.A. Iyer & Mr. Chaitanya
Gosain, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 14.03.2022 CM APPLs. 43895/2021 & 44036/2021 Exemption allowed subject to all just exceptions.
Applications are disposed of.
W.P.(C) 7518/2021
1. This petition has been filed by the petitioner with the following prayers:-
"In view of the aforesaid, it is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to issue a writ, order or direction in the nature of:
(i) Certiorari for quashing Respondents' impugned letter dated 25.06.2021, issued by Deputy Secretary (Allott.), Public Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:22.03.2022 12:13:20 Works Department, Government of NCT of Delhi to the Petitioner cancelling the allotment of Flat No. 01, New Type-V, Jal Vihar, Lajpat Nagar, New Delhi - 110024 and requiring the petitioner to vacate the aforesaid premises within 45 days; and
(ii) Grant such other, further relief/s in the facts and circumstances of the case as this Hon'ble Court may deem just and equitable in favour of the Petitioner."
2. The challenge in this petition is to an order dated June 25, 2021 issued by the PWD Department, Govt. of NCT of Delhi cancelling the allotment of Flat No.01, New Type-V, Jal Vihar, Lajpat Nagar, Delhi and requiring the petitioner to vacate the premises within 45 days.
3. It is the submission of Mr. Pawanjit Singh Bindra, learned Senior Counsel for the petitioner that the petitioner, who was an Officer working in the Govt. of NCT of Delhi was allotted the aforesaid flat through the process of inter pool exchange. After the petitioner had retired and was appointed as Member (Administrative / Technical) in Real Estate Appellate Tribunal of Govt. of NCT of Delhi, the respondent No.1 vide letter dated January 21, 2021 had regularized the allotment of the aforesaid flat in favour of the petitioner. He submits, by another letter of the same date, the petitioner was informed that his allotment has been regularized with effect from November 19, 2020 and since the permissible period for retention of the aforesaid premises has expired on June 30, 2020, dues for the period of unauthorized stay / overstay with effect from July 01, 2020 to November 18, 2020 have been assessed at ₹2,85,570/-, which is required to be paid.
4. He also states that in view of the regularization, the petitioner on his appointment with the Real Estate Appellate Tribunal has to be allotted the same accommodation and there is no reason for the respondents to call upon Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:22.03.2022 12:13:20 him to vacate the aforesaid flat. He states that the impugned order need to be set aside.
5. On the other hand, Mr. Rahul Mehra, learned Senior Counsel appearing for the respondent No.2 would submit that the petitioner was allotted the aforesaid flat being an Officer working in the Govt. of NCT of Delhi on the basis of an inter pool exchange. He states after the petitioner has retired on attaining the age of superannuation and having been appointed in Real Estate Appellate Tribunal, he has been allotted Flat No.101/5, Type- V, DA Flat, Motia Khan, Delhi and is required to vacate the flat at Lajpat Nagar and shift to the flat at Motia Khan. He contest the plea of Mr. Bindra that the flat in Lajpat Nagar has been regularized in favour of the petitioner by stating that the regularization of allotment is only to the extent that the petitioner has overstayed in the flat at Lajpat Nagar beyond the permissible limit. The said regularization must not be construed that the respondent PWD has allowed the continuance of the petitioner in the flat at Lajpat Nagar, even on his appointment in Real Estate Appellate Tribunal.
6. That apart, the inter pool exchange is not permissible as the petitioner ceases to be an Officer of the Govt. of NCT of Delhi after he has retired on attaining the age of superannuation. He also contest the submission made by Mr. Bindra pleading discrimination that certain other Officers are continuing in the flats on the basis of inter pool exchange by stating that those Officers continues to be in service and have not attained the age of superannuation and the benefit of inter pool exchange has been given in their favour.
7. Having heard the learned counsel for the parties, the issue which arises for consideration is, whether the respondents are justified in issuing the impugned letter dated June 25, 2021. The answer to the same is in the Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:22.03.2022 12:13:20 affirmative for the simple reason, the petitioner having superannuated from the service, is liable to vacate the flat at Lajpat Nagar. Pursuant to his appointment, he has been allotted a flat in Motia Khan. The submission of Mr. Bindra for inter pool exchange cannot be granted in such a situation nor it is the case of the petitioner that even persons after superannuation have been allotted accommodation through inter pool exchange.
8. The reference made to the inter pool exchange with regard to certain Officers has no applicability in the case of the petitioner as, those Officers are still in service and have been given the benefit of inter pool exchange which benefit was also given to the petitioner while he was in service. The plea that the allotment in Lajpat Nagar has been regularised, must not be construed to mean that petitioner can continue to stay in the said flat. It is only for the purpose of overstay in the said flat beyond permissible limit.
9. I do not see any merit in the petition. The same is dismissed. The petitioner shall vacate Flat No.01, New Type-V, Jal Vihar, Lajpat Nagar, Delhi on or before April 05, 2022.
CM APPLs. 23601/2021 (for stay) & 43894/2021 (for vacation of interim stay) In view of the order passed in the writ petition, the applications have become infructuous.
V. KAMESWAR RAO, J MARCH 14, 2022/ak Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:22.03.2022 12:13:20