Dear People.

The Division Bench of the Delhi High Court presided over by the
Hon'ble Chief Justice heard our LPA filed against stay rejection
application passed in W.P. (C) 112 of 2009 by Ld. Single Judge of
Delhi High Court for Staying the allotment of DDA flats under the DDA
Housing Scheme – 2008 to the successful allottees under SC/ST Category
of DDA flats and the outcome of that case is reported in these
newspapers today.

Times of India (TOI) The controversial flat allotment process of DDA
on Monday, drew criticism from the Delhi High Court which sought an
explanation from the housing body for allotting flats, meant for city
residents belonging to reserved category, to SC/ST applicants from
other states.

"The Supreme Court judgment says that SC/STs from one state cannot
take the benefit of reservation given by other states even in case
where person has migrated. Here the persons (who have been allotted
flats) are not even migrated from Delhi,'' a bench comprising chief
justice A P Shah and justice Sanjiv Khanna noted, directing DDA to
furnish the break-up on how many SC/ST applicants belonging to Delhi
and other states were allotted flats in the draw.

HC sought the details after it was alleged by an applicant, who could
not get flat in the recent draw, that the flat meant for the residents
belonging to reserved categories were allotted to SC/ST applicants of
other states.

"When you are offering houses for SC/STs it has to be SC/STs of this
state. If a person is not a resident of the city he cannot be
considered for the benefits of reservation,'' HC said, grilling the
DDA counsel.

Opposing DDA's plea that winners of the housing scheme be also
impleaded as a party, advocate K V Dhananjay, appearing for Prem Chand
argued that the DDA Housing Scheme 2008 was a sheer lottery. "If
agency which formulated the lottery itself fails to justify it,
participants of that lottery cannot be heard to justify or support
it,'' he contended. HC then declined this request of DDA.

The DDA's draw for allotment of 5,000 flats had run into a controversy
as a complaint was registered alleging irregularities in the draw. The
Economic Offence Wing of Delhi Police's crime branch is investigating
the matter. Seven persons, including Laxmi Narayan Meena, a former SBI
employee, have been booked by the police.
http://timesofindia.indiatimes.com/Delhi/HC_pulls_up_DDA_on_allotment/articlesho\
w/4101792.cms


INDIAN EXPRESS: The Delhi Development Authority (DDA) drew flak from
the High Court on Monday for a lottery system which pits a
slum-dweller of the Capital against affluent applicants from other
states for a flat.
"It is so unjust that a person living in a jhuggi-jhopdi, who is
virtually getting a lifetime opportunity to live in a house in Delhi,
has to compete with a person from other states having at least 10
properties," a Division Bench led by Chief Justice AP Shah said.

The court was hearing a petition filed by Prem Chand of Dilshad Garden
here, through his lawyer K V Dhananjay, against the DDA Housing Scheme
2008, which puts Scheduled Castes/Scheduled Tribes (SC/ST) applicants
from outside Delhi on par with their counterparts domiciled in the
Capital.

Over 5,000 flats were put up for allotment under the scheme, of which
17.5 per cent were earmarked for the Scheduled Castes. The court on
Monday directed the DDA to give a break-up of the number of SC/ST
allottees from within Delhi and those from outside the state.

The Bench drew the agency's attention to a Supreme Court ruling that
reserved caste certificates obtained from one state need not be
recognised in another.

"One cannot go to another state for employment and claim the benefits
of the same caste certificate. Those benefits vanish in the new
territory," the Bench observed.
The case has been posted for further hearing on February 17.

Rajeev Bansal, counsel for the DDA, attacked Chand's contention saying
the latter was an unsuccessful allottee who had initially accepted the
scheme's terms.

Chand had moved the High Court for an interim stay on the allotment of
houses under the specific reserved category for Scheduled Castes.

The petition had blamed the Government agency of surpassing its
jurisdiction by "inviting applications from Scheduled Caste applicants
outside the National Capital Territory" without a thought for similar
members of the "oppressed castes" domiciled in Delhi.
The Dilshad Garden resident, who lost out in the lottery for a flat
under the reserved category, termed the scheme as "discriminatory" and
devoid of any "a rational relation to the needs and aspirations of the
people resident or domiciled in Delhi".

"As such, the allocation of 17.5 per cent reservation ought to have
been exclusively for the benefit of `Schedule Castes' in Delhi. The
DDA ought to have expressly indicated that it does not intend to
accept applicants under the `Scheduled Castes' outside of Delhi," his
lawyer Dhananjay said.
http://www.indianexpress.com/news/dda-system-of-allotting-flats-to-sc-st-applic.\
../421345/

THE HINDU BUSINESS LINE: The DDA on Monday faced some tough questions
in the Delhi High Court which sought an explanation from it for
allotment of flats, meant for the reserved category, to SC/ST
applicants from other states.
A Bench headed by Chief Justice A P Shah directed the housing body to
clarify how SC/STs from the neighbouring states were allotted flats by
it in a draw held in December last year. The Court asked the Counsel
appearing for DDA to give the break-up on how many SC/ST applicants
belonging to Delhi and other states was allotted flats in the draw.
The Bench passed the order on a petition filed by Prem Chand alleging
that the housing body had illegally allowed applicants under the
Scheduled Tribe (ST) category from other states to participate in the
draw.
Chand, who failed to get a flat in the draw, alleged that under the
DDA Act the housing body is not entitled to accept applications from
residents of states other than Delhi. The DDA's draw for allotment of
5,000 flats had run into a controversy as a c omplaint was registered
alleging irregularities in the draw.
The Economic Offence Wing of Delhi Police's Crime Branch is
investigating the matter. Seven persons, including Laxmi Narayan
Meena, a former SBI employee, have been booked by the police
http://www.thehindubusinessline.com/blnus/28091620.htm

THE INDIAN: The Delhi Development Authority (DDA) Monday faced some
tough questions in the Delhi High Court when asked to explain how
flats meant for the reserved category were allotted to applicants from
other states.
THE INDIAN: A bench headed by Chief Justice Ajit Prakash Shah and
Justice Sanjeev Khanna directed the housing authority to clarify how
Scheduled Castes or Scheduled Tribes applicants from neighbouring
states were allotted flats in a draw held in December last year.
The court asked DDA to give in a week's time the break up on how many
SC/ST applicants belonging to Delhi and other states were allotted
flats in the draw and also how many applied for the same.
"It's very unjust on people of Delhi who live in slums and are not
given the opportunity to buy a home for themselves as compared to
people belonging to the reserved category from different states who
own many properties here," the court said.
Rajeev Bansal, appearing for the housing body, said: "We have been
allotting the flats to reserved category people from different states
for the past many years. Nobody had objected for so many years then
why is there a sudden demand for staying the allocation process."
The bench was hearing a petition filed by Prem Chand, who failed to
get a flat in the draw, alleging that the housing body had illegally
allowed applicants under the Scheduled Tribes (ST) category from other
states to participate in the draw.
Chand alleged that under the DDA Act the housing body is not entitled
to accept applications from residents of states other than Delhi.
In a petition, he said the government agency had surpassed its
jurisdiction by inviting applications from Scheduled Castes members
outside the National Capital Territory, without a thought for members
of the community living in Delhi.
Under the DDA housing scheme of 2008, a total of 5,238 flats were
allotted to applicants chosen from among more than 500,000. The draw
of lots was held Dec 16, but it was alleged to be rigged.
http://www.thaindian.com/newsportal/uncategorized/explain-policy-on-reserved-cat\
egory-flats-court-asks-dda_100153072.html


SAMAY LIVE: The controversial flat allotment draw of DDA today drew
criticism from the Delhi High Court which sought an explanation from
the housing body for allotting flats, meant for city residents
belonging to reserved category, to SC/ST applicants from other states.
"The Supreme Court judgement says that SC/STs from one state cannot
take the benefit of reservation given by other states even in case
where person has migrated. Here the persons (who are alloted flats)
are not even migrated persons from Delhi," a bench comprising Chief
Justice A P Shah and Justice Sanjiv Khanna said. The Court directed
the Delhi Development Authority to give the break-up on how many SC/ST
applicants belonging to Delhi and other states were allotted flats in
the draw. The Court passed the order after it was alleged by an
applicant, who could not get flat in the recent draw, that the flat
meant for the residents belonging to reserved categories were alloted
to SC/ST applicants of other states. "When you are offering houses for
SC/STs it has to be SC/STs of this state. If a person is not a
resident of the city he cannot be considered for the benefits of
reservation," the court said. Advocate K V Dhananjay, appearing for
the petitioner contended that people from other states particularly
Rajasthan were recently alloted flats which was illegal and it should
be cancelled. Advocate Rajiv Bansal, appearing for DDA, however,
countered his allegation saying that there are many schemes of the
authority in which domicile is not required.
Not satisfied by DDA arguments, the court asked it to file details of
the allotment done in the recent draw.
"A person may be notified as reserved category in a state but his
status vanishes when he comes out of that particular state. If a
person is coming from Rajasthan he cannot take the benefit of
reservation in Delhi," the court said. The court expressed concern
over the policy adopted by the authority in the allotment of flats and
said residents of the city are struggling hard to get a house and with
these policies they will also have to compete with people from outside.
The DDA's draw for allotment of 5,000 flats had run into a controversy
as a complaint was registered alleging irregularities in the draw.
The Economic Offence Wing of Delhi Police's Crime Branch is
investigating the matter. Seven persons, including Laxmi Narayan
Meena, a former SBI employee, have been booked by the police.
http://www.samaylive.com/news/news.ncr-hc-grills-dda-for-allotting-flats-to-scst\
s-from-other-states/602444.html

Regards

Saket Agarwal, Advocate
New Delhi
011-22732540, 43025093
Fax 011- 22721340
09810176867
contact@...
www.agarwalandco.com