DDA ticked off by HC for sealing CWG flats
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Last Updated: Thursday, November 03, 2011, 18:35
New Delhi: The Delhi High Court on Thursday came down heavily on DDA for sealing 65 Commonwealth Games Village flats after allocating them to various people.

Justice Hima Kohli chiding Delhi Development Authority while rejecting its contention that the flats had been built in violation of the floor area ratio (FAR) limit.

"Why did you seal the flats which were allotted to people? Is it your statutory duty to pick and choose? What were your officers doing all these years when the builder had exceeded the FAR limit, said Justice Kohli and asked DDA counsel Ajay Verma to explain the basis on which the agency sealed flats in only two towers -- 5 and 15 -- but not in other 32 towers.

Directing DDA to 'deseal' the flats of eight petitioners, who have approached the court against the sealing, in two days, Justice Kohli ordered the civic agency not to take further action till the final disposal of the petition concerning the flat allotment issue.

"You shut your eyes when the construction was going on or you wanted to protect the interest of certain people," the court observed while rejecting DDA's argument that it was its statutory duty to comply with the direction of Appellate Tribunal of MCD, which had asked DDA to hear the plea of the builder and pass an order on the issue in two weeks.

The court was hearing CWG Allottees Welfare Association's plea against DDA's action saying the agency had ignored its earlier order and had failed to honour its words that it will not take any coercive step against allottees till the Ministry of Urban Development takes a final decision on the issue.

According to the association, DDA is in possession of the entire project comprising 1168 flats. No party has any right to claim 711 unencumbered flats.

In its petition, it said the allottees were at a loss in the fight between the developer and the agency and that instead of issuing the completion certificate to the project developer, the agency has arbitrarily sealed the flats only in two towers.

DDA had sealed 65 flats on October 29 saying the order to seal the towers was issued by the Building Department, even as the land agency was waiting a final decision of the Ministry of Urban Development on the issue of non-compoundable floor area ratio.

Two of the 34 towers were sealed. Tower 5 has 28 flats and Tower 15 has 36 flats. One flat on the top floor of tower 7 was also sealed.

According to the association, the DDA had earlier also tried to seal these towers but was not allowed to do so by the Appellate Tribunal of the Municipal Corporation of Delhi after the developer approached it.

The tribunal had directed the Joint Director (Building) to issue a detailed order within a period of two months. But, the developer said it was yet to receive any such order.


First Published: Thursday, November 03, 2011, 18:35

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