W.P. (C) No. 7515/2007 Page 1 26. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7515/2007 Date of decision: 5th May, 2009 SAPNA SWAMI & ANR. ..... Petitioners Through Mr. Rohit Sharma, Advocate. versus D.D.A. & ORS. ..... Respondents Through Ms. Manisha Tyagi & Mr. Amique Khalid, Advocates for DDA. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not ? 3. Whether the judgment should be reported in the Digest ? O R D E R % 1. The petitioners Ms. Sapna Swami and Mr. Yogesh Swami are sister and brother. They had submitted two joint applications for allotment of flat under DDA Housing Scheme 2006. In one application petitioner no. 1, Ms. Sapna Swami was the first applicant along with her brother, petitioner no.2 as a second applicant and in the second application the brother was the first applicant and the sister was the second applicant. Luck favored both the petitioners and they were allotted two separate flats on the two applications made by them. The petitioners later on exercised their option W.P. (C) No. 7515/2007 Page 2 and opted for Flat No. 429, Block-A, Type-PQ, Sector-18B, 7th Floor, Category 2, Dwarka which was allotted on the application made by the petitioner No. 1 as the first applicant. The flat allotted to the petitioner No. 2 as the first applicant at Rohini was surrendered to DDA. 2. DDA, on the other hand, has cancelled allotment of said flat for violation of Clauses IV and V of the DDA Housing Scheme 2006. The said Clauses read as under:- “2. Eligibility I. xxxx II. xxxx III xxxx IV. Only one person in a family can submit application. Family means spouse (if any), dependent/minor children, if any. V. One person can submit one application only” 3. Clause IV stipulates that one person in a family can submit an application and the term family has been defined as the applicant, spouse (if any) and minor/dependent children, if any. Brother and sister are not counted as one family. Clause V states that one person can file only one application. 4. In the present case, the sister and the brother had filed two separate applications but had made each other the second applicant. W.P. (C) No. 7515/2007 Page 3 Clause V does not state that an applicant cannot be a second applicant in an application filed by another person. There is no such specific bar and prohibition in clause V. Admittedly the petitioners as brother and sister could have made separate applications. Introduction of second applicant has not made any difference. The petitioners have explained that their individual incomes were not sufficient to pay for the cost of the flat as indicated in the said scheme. The stand of the DDA per se is incorrect and DDA has completely misinterpreted and misread Clauses IV and V. The object and purpose behind Clauses IV and V is to prevent multiple applications from one family, which as defined in Clause IV means husband, wife and dependent/minor children. The said clauses do not in any way prohibit brother and sister or sister and brother from making an application for a flat. 5. In these circumstances, the writ petition is allowed and DDA is directed to allot flat No. 429, Block-A, Type-PQ, Sector-18B, 7th Floor, Category 2, Dwarka to the petitioners as per the draw of lots. The petitioners have already made the entire payment. The payments and documents filed by the petitioners will be verified on 26th May, 2009 at 3 p.m., when the petitioner will visit the office of Director (Housing) along with the relevant papers. The respondent-DDA will execute necessary documents within three weeks thereafter. The petitioners are entitled to costs of Rs.10,000/-, which will be paid by the respondent-DDA within four W.P. (C) No. 7515/2007 Page 4 weeks from today. The writ petition is disposed of. DASTI. SANJIV KHANNA, J. MAY 05, 2009 VKR