JUDGEMENT
G.S.SISTANI,J. -
(1.)BOTH the writ petitions have been heard together and are being disposed of by a common order.
(2.)PLEADINGS in these matters are complete. With the consent of the parties the writ petitions are taken up for final hearing and disposal.
W.P.(C) 6161/2011 has been filed by the flat owners under Article 226 of the Constitution of India seeking the following directions to the
respondents:
(i) Issue an appropriate writ, order or direction and more particularly a Writ in the nature of mandamus, directing DDA to forthwith hand over possession of the private portion of the Project to the Developer and to ensure that the Developer completes the refurbishing activity within 15 days, subject to the condition that the Developer will not hand over possession to the buyers till the issuance of Completion Certificate. (ii) Issue an appropriate writ, order or direction directing DDA to take a decision, one way or the other, on the issue of Completion Certificate within a period of 30 days, in accordance with the final and binding directions issued by the Lieutenant Governor vide his order dt. 7.4.2011 (iii) Issue an appropriate writ directing the DDA to forthwith seal an appropriate number of Apartments from amongst those which have not been sold to third party purchasers, so as to bring the Project within the permissible FAR (iv) Issue an appropriate writ directing the DDA to forthwith withdraw the order dt. 10.8.2011 insofar as it purports to seal Residential Towers 5 and 15 and unit 601 in Tower 7, to extent third party rights were specifically permitted by DDA to be created in respect of such Apartments. (v) Direct DDA to disclose what action has been taken against the members of the Monitoring Committee and if no action has been taken, the DDA be directed to take appropriate action against the Committee members who were utterly derelict in checking the undue delay and sub-standard construction (vi) Issue an appropriate writ Directing DDA to hold a proportionate share (approximately 1/3rd) of the amounts encahsed under the Bank Guarantees furnished by the Developer, in trust/escrow for the satisfaction of the claims for damages that the Apartment owners including the Petitioners shall be filing in due course of time (vii) Issue an appropriate writ, order or direction, directing an Inquiry by a retired High Court Judge or any other independent agency into the lapses committed by DDA / Monitoring Committee due to which the Developer/Builder flagrantly committed irregularities, so as to pin the responsibility for the lapses.
(3.)IN W.P.(C) 6161/2011, out of 27 petitioners, learned counsel for the petitioners wishes to delete petitioners no.1, 3, 6, 7, 8, 10, 12 to 15, 17,
18, 19, 22 to 25, as the said petitioners have already been allotted flats in different towers of Commonwealth Games Village Complex and
possession thereof has also been granted to them. At the oral request of
counsel for the petitioners, petitioners no.1, 3, 6, 7, 8, 10, 12 to 15, 17, 18,
19, 22 to 25 are deleted from the array of parties. Let an amended memo of parties be filed by petitioners within two days from today.
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