The Delhi High Court has dismissed a plea challenging a clause of the Delhi Development Authority (DDA) housing scheme, which mandated that either the husband or wife has to declare that both of them had applied for the scheme.

Justice C Hari Shankar rejected the petition stating that it would reduce the chance of each applicant to obtain allotment of a flat in her, or his, favour.

The court’s decision comes on a plea which challenged the clause in the DDA Housing Scheme 2008 which said that “only one person in a family can submit application”.

According to the plea, both the husband and wife had applied for the housing scheme in 2008 and the wife was successfully allotted a flat in Vasant Kunj.

However, she had not declared in the application form that her husband had also applied in the same scheme. Following this, the DDA had cancelled her allotment, through a communication dated September 2010.

Aggrieved, she sought quashing of the said clause and subsequently the cancellation of the allotment due to the provisions of the clause. She contended that the clause cannot introduce an embargo which would prohibit both spouses from applying for the allotment of flats.

The court, while dismissing the plea of the woman, said that the woman had suppressed information about her husband also applying for the scheme. It stated that the provision or clause has been enacted in view of the limited number of dwelling units available with the DDA and to ensure equitable distribution of the available units.

The single- judge bench also said there is also an element of public interest in the clause. It said if both the spouses are allowed, it would reduce the chance of each applicant to obtain allotment of a flat.

“It would also create an invidious divide between the married and unmarried, in the case of couples, the chances of each spouse, to get a flat allotted, would be double, at the cost of an unmarried applicant be halved,” it said. It also did not entertain the contention of the petitioner that she should have allotted the house even though her husband’s application could have been rejected.

First Published:
May 26, 2019 02:14 IST

Source: Read Full Article