DELHI DEVELOPMENT AUTHORITY versus JITENDER PAL BHARDWAJ

DELHI DEVELOPMENT AUTHORITY versus JITENDER PAL BHARDWAJ

Ownership of a flat measuring less than 65 sq.m does not violate the eligibility clause under the Rohini Scheme and does not disqualify the applicant from allotment.

Parties
Petitioner: Delhi Development Authority; Respondent: Jitender Pal Bhardwaj
Jurisdiction
India
Judgment Date
09 October 2009
Procedural Posture
Special Leave Petition (civil) / Order on Slp; Dismissal
Outcome
Special Leave Petition dismissed; orders of High Court upheld.
Legal Topics
Allotment of Plots, Eligibility Clause Interpretation, Exemptions in Housing Schemes
Urban Development Housing Law Allotment of Plots Eligibility Clause Interpretation Exemptions in Housing Schemes

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Parties

Delhi Development Authority

Petitioner

Jitender Pal Bhardwaj

Respondent

Procedural Posture

Special Leave Petition (civil) / Order on Slp; Dismissal

Legal Issues

  1. 1 Whether ownership of a flat measuring less than 65 sq.m disqualifies applicant from plot allotment under Clause 1(ii) of Rohini Scheme.
  2. 2 Interpretation of eligibility and exemption clauses in housing allotment schemes.

Ratio Decidendi

Ownership of a flat measuring less than 65 sq.m does not violate the eligibility clause under the Rohini Scheme and does not disqualify the applicant from allotment.

Court Disposition

Special Leave Petition dismissed; orders of High Court upheld.

Orders

  • Delay condoned.
  • Cancellation of allotment quashed; orders of Single Judge and Division Bench of High Court affirmed.