Update of 31.07.2012

Updates of 12.07.2012

Now DDA has started dispatching intimation letters, informing the ‘provisional allotment’ and plot number allotted through already challenged 12.06.2012 draw.

Through its Press Release dated 12.06.2012, the DDA has admitted that these plots are undeveloped and necessary development will take ‘some time’. It has also been reported that a good number of plots carved out and allotted in sector 34, 35, 36 & 37 are falling in the disputed land(unresolved cases with Villages).

Through this letter of intimation, the registrants are also being sought by DDA to submit documents for the purpose of verification and eligibility. One of then is “an affidavit of not owning a property”. The format of this required affidavit is challengeable on following grounds.

1.      This affidavit/ undertaking has already been collected by DDA from the registrants at the time of accepting the application for the Scheme and to the best of our knowledge, without having this affidavit, the application was not accepted by DDA in 1981.

2.       Other eligibility condition was that “the applicant or his wife or his dependent children were not having a share of more than 65/67 sq. mtrs in any jointly owned residential property in Delhi or New Delhi or Delhi Cantonment.”

Clearly, had the applicant was the joint owner of a residential plot of 64 sq. mtrs, he was authorized to make the application for a plot under the Scheme. According to the building by-laws (minimum 1.5 FAR) applicable in 1981, he/ she could have build a house of about 960 sq. ft and according to the building by-laws, he is permitted to build three storied house (minimum 2.5 FAR) with minimum 1600 sq. ft covered area.

After applying for a plot from the Scheme, many of you may have become owner of a residential property because of gift by family members or due to inheritance or due to some other reasons as well.

3.       Despite of having sufficient land in its possession, of DDA’s own mistakes & wrongdoings and no fault of the registrants, the registrants were not allotted the plot in promised ‘5 years time’. Also, for the past 32 years DDA kept on befooling the registrants on various illegal grounds.

DDA did not allot the plot in the originally promised time and even considered scraping the scheme in 2006. After 32 years of launching the scheme, it anticipates that the scheme registrants should live on the mercy of the DDA only and should not think of owning a residence of own (purchased from open market) and should have remained without a roof of their own. Had we been allotted a plot in five years from the time of registration, that is say by1986, and then we would have immediately built a house and would have lived happily all these past 25 years. By not allotting a plot within the promised time frame, DDA has deprived us of a good life and has forced us to spend a big slice of our hard earned savings for buying a roof from open market. Just because of the criminal collusion a few officers of DDA (this includes several IAS officers also) and the land mafia, not less than 25000 families suffered a setback in their prime years of life. No court will pardon DDA for this meditated crime.

In this freshly required affidavit, the date/ period of applying in for the scheme is not mentioned and because this affidavit will be signed today, in simple words the DDA wants an affidavit declaring that ‘as on date, the scheme applicant or his/ her spouse and his minor children does not own a flat’, which is challengeable.

4.       On the issue of owning a property by the scheme allottee (at the time of allotment), DDA has canceled a number of allotted plots in past and a number of such unfortunate allottees took the help of Hon’ble Delhi High Court as well as Hon’ble Supreme Court to get restored the cancelled plot/ registration. In almost all such cases the decisions of the courts were in the favor of the plot allottees and DDA had to restore the cancellation of such plot allotment(s). The fact is that DDA has delivered the possession of such canceled plots to the allottees and/or restored the cancellation of illegally done registrations/ allotment by it.

In our opinion, those who own a residential flat or plot in Delhi – purchased from open market or even purchased through an open auction by DDA (may be after 1986), are eligible for the allotment of plot from the 1981 ROHINI Scheme and may consider submitting the affidavit with complete facts of the ownership of house/flat on following line:

At the time of applying for a EWS/ LIG/ MIG plot of ______ sq. mtrs. under the Rohini Residential Scheme – 1981, neither I, nor my wife/ husband or my minor children were owning in full or in part on leasehold or freehold basis of any residential flat or plot and as on date, neither of us have been allotted a residential flat or plot by DDA on subsidized rates in Delhi/ New Delhi or Delhi cantonment.

I also declare and submit that at the time of applying a EWS/LIG/MIG plot of _____ sq. mtrs under the Rohini Residential Scheme – 1981, neither I, nor my spouse and dependent children were having a share of more than 65/67 sq. mtrs in any jointly owned residential property in Delhi or New Delhi or Delhi Cantonment.” 

That I have purchased a flat/ plot bearing no. “details/ address of purchased property ”  of _____ sq. ft/ mtrs from the open market in the year _____. 

Or

That I have become owner of a plot/ flat bearing no. “details/ address of purchased property ”  of _____ sq. ft/ mtrs because of inheritance/ gift.
 

 Disclaimer

Before submitting an affidavit on above lines, all are advised to take further legal opinion from qualified legal professionals. We, “the Web Host and the group of individuals –still fighting against DDA to get the allotment of a fully developed and applied size plot” are only expressing an opinion and such opinion shall not be considered as legal advice by any individual. 

Update 19June2012

Dear all,

On 14.03.2012 Hon’ble HC had called for statement from DDA on the size reduction issue and the matter is listed for hearing on 25.07.2012. However, without waiting for reply from DDA and also not considering our request for allotment of plots only from already developed sectors, the Hon’ble High Court of Delhi gave speaking orders on 14.03.2012 to DDA to allot plots before 13June2012.

DDA hurriedly conducted draw of lots on 12 June 2012 for 7,777 MIG (60 Sq M), 12,350 LIG (32 Sq M) & 4,402 JANTA (26 Sq M) undeveloped plots(in undeveloped sectors) and has allotted a plot number to each registrant as per priority list. Reduced size (reduction in size of plot was an unilateral decision by DDA in 1999 which is illegal) plots have been allotted through this draw.

Still some MIG, LIG & JANTA waiting scheme registrants have not been allotted the plot numbers through this draw of 12.06.2012 and as per the media reports, these remaining registrants may be allotted the plot numbers in coming 3-4 months time.

We feel sorry for the legitimate waiting registrants, not covered through this draw. Three of our esteemed members who are actively helping the fight against DDA are also in the list of registrants not allotted the plot numbers in this draw. Our fight will go on, till all legitimate remaining scheme registrants are allotted plots

Please check the details of allotment against your priority number on DDA.org website.

All the remaining critical unresolved issues have been raised in the Supreme Court thru a SLP and date of hearing on the case is 16.07.2012.

We hope the Hon’ble SC will direct DDA to allot plots only from developed sectors and also allot originally promised size of plots. In such a situation DDA shall be asked to make fresh draw of lots.

As reported by media that the plots are likely to be given at the rates ranging from Rs. 16,000/- to 21,000/- per Square Meter. However, issue of the right costing has already been raised in Delhi High Court and will be raised again in Supreme Court along with a prayer to award suitable compensation for the inordinate delay in allotment of plots.

Incidentally DDA has admitted that ‘mandatory development’ does not exist for the plots in the pockets/ sectors allotted through this draw of 12June2012 and will take some time to complete and this statement will be very useful in the Supreme Court. They have already admitted in the High Court that ‘mandatory development’ will be completed up to May - 2013. However, this target appears to be impossible to meet and hence, once again will lead to contempt of High Court orders.

The legitimate waiting MIG registrants & LIG (within the priority number 24,492) & EWS (within the priority number 6590), who have not been allotted the plot number through draw of 12June2012, may mail their case details on cipherbox@hotmail.com

update of 04.05.2012 & 09.05.2012.

In view of the past record of DDA of not only hoodwinking the scheme registrants for 31 years but also misleading the Hon’ble Delhi High Court in past 3 years as well, it was essential to knock at the doors of Hon’ble Supreme Court.

A PIL has been filed with prayer to

1. Stay the operation of the impugned HC order.

2.  Immediately stop all work by DDA targeting non-scheme related plans/projects on land acquired for the purpose of Rohini Residential Scheme,1981.

3. Direct DDA to first develop and allot originally applied size fully developed plots to the waiting scheme registrants.

Date of hearing at Supreme Court is 16July2012.

However, pending hearing on the above said PIL, a new application is made at HC for disposal of “left over issues ” and a prayer of “allotment of applied size plot”.

The Hon’ble Delhi High Court has ordered DDA to file reply in 4 weeks.

Next date of Hearing at HC is fixed for 25 July2012

Having secured HC order for definite allotment of plots for all the remaining registrants of the scheme, now it is time for Volunteers to come forward to help the team fighting crucial unclarified issues as expenses are mounting fighting at supreme Court level(Till now, with the help of few volunteers, we have managed the case at High Court)

Persons willing to contribute may contact Mr. Rahul Gupta at cipherbox@hotmail.com or Mr. S.Y.Narayanan at syn@engineer.com . Thanks

23March2012

Allowing DDA Affidavit dated 06.03.2012 to start the process of draw of lot for 21,360 plots immediately and thereafter initiating the necessary development work on these plots which work DDA is planning to be complete by May 2013, once again the bench of Hon’ble Acting Chief Justice at Delhi High Court has passed an interim order.

Through this order dated 14.03.2012, DDA must allot 21,360 plots within 3 months starting from 19th March, 2012 and complete the required development work on these plots by May - 2013,

In view of numerous un-kept DDA promisses of past and also DDA disobedience of the earlier court orders, this latest commitment of DDA also appears to be a farce.

Our other prayers

“Allotment of same size of plot as promised at the time of application”

“Allotment of plots from already developed Sectors in ROHINI which DDA has hidden away from 1981 Plot Scheme ” and

“Providing suitable compensation for the suffering of past 31 years due to no fault of waiting registrants”, the next date of hearing has been fixed for 02.05.2012.

Expert advice is being sought and accordingly the next move will be initiated.

14March2012

Hon'ble High Court of Delhi passed an isolated order on DDA to begin allotment of plots immediately. Details shall be available after receipt of approved copy. NDH for other prayers is fixed on 02nd May 2012.

Images of the media reports carried in some dailies are reproduced herebelow for information. 

01 Oct 2011

While fast-tracking the hearing on the PIL cases as a consolation for the injured in the HC Delhi blast of 07th Sept 2011, our case was listed on 17thSept 2011 and again on 23rd Sept2011 on which date DDA had claimed to have made some progress in the Rohini area, which to us is not convincing.

Those registrants or their family members or friends, who are somewhat connected with civil construction and have the knowledge of demarcation and development of land/ plot and wish to help the cause of Rohini Residential scheme – 1981, may contact Rahul Gupta on his mobile no. 9811071782 (would prefer SMS) or e-mail ID cipherbox@hotmail.com immediately. This help is required to counter the wrong submissions of DDA in Delhi High court. 

Ideally demarcation work done on any land identified for residential row houses by any agency shall look as seen in the typical picture shown below. Members are requested to make some survey in the Rohini area and find any such work taken-up as claimed by DDA. Pls send pictures if any taken by you.