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23.12.2024 MINI PUSHKARNA, J:

PROLOGUE:
1. The present cases are one of their kinds that bring to the fore shocking facts regarding the apathy displayed by the Delhi Development Authority ("DDA") in getting residential towers constructed under the DDA Housing Scheme, which started displaying signs of deterioration within a short span of their disposal and occupation by the residents. Such delinquency and gross negligence by the DDA is unpardonable, as the same has put lives of hundreds of residents therein, to great risk and danger. The residential towers constructed by the DDA have been found to be unfit for habitation by structural experts upon detailed examination and investigation, and have been declared as dangerous. Despite extensive repair work, the degeneration and dilapidation of the structures could not be prevented on account of the poor quality of construction.

16.2 Even though extensive repair work was carried out pursuant to report of NCCBM, the problem persisted. Thus, upon recommendation of IIT, Delhi for detailed testing, Shri Ram Institute gave its report recommending demolition and re-construction of the Signature View Apartments. 16.3 DDA has offered rent for alternate accommodation on vacation of 336 flats, i.e., 100% vacation of the flats. Such demand/ condition to pay rent on 100% vacation of flats, is onerous. 75% of the allottees/ owners/ residents have given their consent to the proposal of respondent no.2 DDA, subject to payment of rent on evacuation, as many of them cannot afford to continue paying the Equated Monthly Instalments ("EMIs") towards their home loan, and simultaneously also be saddled with the recurring monthly liability of bearing the rent for their alternate suitable accommodation at par with the present one.

Findings and Analysis:

17. I have heard learned counsels for the parties and have perused the record.

Issues Involved:

18. There are broadly five issues which are primarily required to be adjudicated by this Court, in these proceedings. Firstly, considering the deteriorated condition of the construction in the Signature View Apartments, whether, the towers therein are liable to be demolished and reconstructed, or whether the extensive repair work therein should be the course of action. The DDA has already indicated that decision has been taken that the demolition and reconstruction of the towers existing in Signature View Apartments shall be undertaken by the DDA. Secondly, whether the DDA has any authority to demolish and reconstruct the flats in question. Thirdly, whether the DDA is authorized to construct additional 168 flats on account of the increase in the available FAR as per the prevailing norms. Fourthly, whether the demolition notice issued by the MCD is proper and lawful. Fifthly, the ancillary issues regarding the terms of rehabilitation of the residents during the period of demolition and reconstruction of the Signature View Apartments.

22. As per the Housing Schemes of 2010, 2014 and 2017, the DDA also undertook the obligation to maintain the building, and charged additional 15% of the construction amount, which is lying with the DDA.

23. As per the facts on record, in the first year of the allotment itself, i.e., in the year 2012, ceiling of the flats and the grid wash on the exterior walls, started to crumble and columns started developing cracks. Due to various complaints by the residents of the society, the DDA engaged the services of the NCCBM to undertake the work of assessment of the quality of grit wash and Reinforced Cement Concrete ("RCC"). The NCCBM by its report of the year 2015, suggested extensive repair work for prevention of corrosion, in the following manner: