HC orders DDA to hand over alloted plot to refugee family
19 March 2013 6:47 AM IST
Delhi high court has come to the rescue of the family of a refugee, who had come to India from Pakistan during partition, by asking Delhi Development Authority to give a plot to the family who for three generations ran from pillar to post for getting it.
Justice Reva Khetrapal ordered DDA to hand over the plot in Rajendra Nagar locality within three months after completion of the necessary formalities. The court also made the observation that it not befitting of DDA to act in the arbitrary and malafide manner when it itself had held that the father of the petitioner was eligible for allotment of an alternative plot of 200 sq yards way back in 1981.
‘Yet, the petitioner number one’s father and after his death the petitioners have been made to run from pillar to post on account of the inaction and apathy of the respondent (DDA). In fact, the respondents’ failure to allot a plot has seen three generations struggle to get what they have been held entitled to in 1981 itself,’ said Justice Khetrapal.
Harbans Singh, then his sons Surjeet Singh, Gurbax Singh and Satpal Singh and after the death of latter two brothers, Surjeet and other legal heirs fought to get the plot allotted. Harbans Singh had come to India from Pakistan during partition and was given a temporary plot in Jhandewalan. Under the Gadgil Assurance Scheme for refugees, Harbans Singh was eligible for a plot in lieu of a plot at Jhandewalan. Initially, DDA said there were no vacant plots and later, when the matter had gone to Lok Adalat, asked the family to inform if they find one. They found one in Rajendra Nagar.
After dilly-dallying, DDA agreed to allot Harbans Singh the said plot but later went back on its word.
‘The Gadgil Assurance Scheme and the Resolution dated 16.10.1970, which ought to have been honoured by the respondent in letter and spirit, have been given a complete go by and for 30 long years the persons entitled to the allotment have been kept hanging for their legitimate rights, so much so that the entire intent and objective of the aforesaid scheme and resolution stand altogether frustrated. The scheme was indubitably meant to secure the rights of the displaced person by allotting to him an alternative plot in a developed area. But in this case the displaced person died without receiving the advantage, which ought to have been ensured to him under the scheme,’ said the court.
The court also took note of an officer lower in the hierarchy reversing the allotment order passed by DDA vice-chairman. ‘The vice-chairman has in fact been reduced to a mere signing authority, and even his scathing criticism of the actions and inactions of those subordinate to him have been brazenly brushed aside,’ observed the court.
DELAY NO MORE
Justice Reva Khetrapal ordered DDA to hand over the plot in Rajendra Nagar locality within three months after completion of the necessary formalities. The court also made the observation that it not befitting of DDA to act in the arbitrary and malafide manner when it itself had held that the father of the petitioner was eligible for allotment of an alternative plot of 200 sq yards way back in 1981.
‘Yet, the petitioner number one’s father and after his death the petitioners have been made to run from pillar to post on account of the inaction and apathy of the respondent (DDA). In fact, the respondents’ failure to allot a plot has seen three generations struggle to get what they have been held entitled to in 1981 itself,’ said Justice Khetrapal.
Harbans Singh, then his sons Surjeet Singh, Gurbax Singh and Satpal Singh and after the death of latter two brothers, Surjeet and other legal heirs fought to get the plot allotted. Harbans Singh had come to India from Pakistan during partition and was given a temporary plot in Jhandewalan. Under the Gadgil Assurance Scheme for refugees, Harbans Singh was eligible for a plot in lieu of a plot at Jhandewalan. Initially, DDA said there were no vacant plots and later, when the matter had gone to Lok Adalat, asked the family to inform if they find one. They found one in Rajendra Nagar.
After dilly-dallying, DDA agreed to allot Harbans Singh the said plot but later went back on its word.
‘The Gadgil Assurance Scheme and the Resolution dated 16.10.1970, which ought to have been honoured by the respondent in letter and spirit, have been given a complete go by and for 30 long years the persons entitled to the allotment have been kept hanging for their legitimate rights, so much so that the entire intent and objective of the aforesaid scheme and resolution stand altogether frustrated. The scheme was indubitably meant to secure the rights of the displaced person by allotting to him an alternative plot in a developed area. But in this case the displaced person died without receiving the advantage, which ought to have been ensured to him under the scheme,’ said the court.
The court also took note of an officer lower in the hierarchy reversing the allotment order passed by DDA vice-chairman. ‘The vice-chairman has in fact been reduced to a mere signing authority, and even his scathing criticism of the actions and inactions of those subordinate to him have been brazenly brushed aside,’ observed the court.
DELAY NO MORE
- Harbans Singh had come to India from Pakistan during partition and was given a temporary plot in Jhandewalan
- Under the Gadgil Assurance Scheme for refugees, Harbans Singh was eligible for a plot in lieu of Jhandewalan plot
- After dilly-dallying, DDA agreed to allot Harbans Singh the plot in Rajendra Nagar but later went back on its word
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