| Font Size |
“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.
Discuss this story on expressindia forums
|
|
every person in india belonging to sc/st is entitled to get the benefit of reservation in central government scheme/job. the delhi is also considered as union teritory therefore sc/st certificate should be valid for delhi also. to provide accommodation for jhugi-jhopari resident, dda makes many plans seperately. hence there is no question to canceal the dda allotment after allotment procedure is finalised. delhi is for every person of india and not for only delhities.
PLEASE TELL IRRETATING PEOPLE LIKE CHAND AND OTHERS THAT FIRST EXPLAIN WHY WERE THEY SLEEPING WHEN THEY WERE FILLING THE FORMS BCOZ DDA HOUSING BODY HAS CLEARLY MENTIONED THAT THE SCHEME IS FOR THE CITIZENS OF INDIA...AND WE UNDERSTAND RAJASTHAN/UP ETC ETC ARE PART OF INDIA AND NOT AMERICA/RUSSIA...HA HAA HA AAA/.EXPLAIN THEM THAT A FIR CANT JUST BE LODGED ...HOPE U GUYS GOT THE MESSAGE SOO THERE IS NO WAY THAT THE DRAW CAN BE CANCELLED .....
CAN SLUM DWELLERS BUY THE FLATS R DDA HOUSING FLATS SOO REASONABLE.PLEASE EXPLAIN THIS FIRST....
DDA IS ABSOLUTLY RIGHT THAT AT THE TIME OF FILLING UP THE APPLICATION WHY DIDNT Chand MADE A ISSUE AFTER LOOSING THE DRAW THERE IS NO POINT MAKING A FUSS OUT OF IT AND WE UNDERSTANDTHAT THE COURT IS VERY INTELLIGENT TO UNDERSTAND WHAT DDA AUTHORITIES HAVE TO SAY SINCE T HEY R RIGHT AT LAST.ITS JUST THAT AFTER ACCEPTING TERMS AND CONDITIONS THE LLOSERS IN THE DRAW HAVE NOO REASON TO CRIB N CRY OUT THE WAY THEY R DOING.ANYHOW ITS NOT A BIG DEAL TO GET A HOUSE IN DELHI NOW AS IT USED TO BE BEFORE SINCE THE MELTDOWN HAS BROUGHT THE PRISES OF THE FLATS VERY REASONABLE THESE DAYS NO MATTER NOW U CANCEL THE DRAW OR NOT.DDA HOUSING BODY HAS TO FACE THE EMBARACMENT FROM THE COMMMON MAN AND THEY R GONNA BE THE LOOSERS BCOZ THEIR FLATS WILL NOT SELL WHICH THEM MADE TO SELL N MAKE PROFIT AND THEREBY THEIR UPCOMING SCHEMES WILL BE SCRAPED OF 14000 FLATS IN 2010 ALSO BCOZ COMMON MAN WILL THINK TWICE BEFORE APLYING AND AFTER THIE DRAW MTERANY MORE UNSUCESSFUL CHAND'S WILL FILE FIR'S EVERAFTER.