After a 33-year long legal battle, Sitaram (72) will finally be able to move his son into a ground floor house.
The move will mean greater freedom for his son Deepak (29), who is suffering from acute cerebral palsy that has rendered him 75% disabled.
His father had been fighting this long battle with the Delhi Development Authority (DDA), which had allotted him a third-floor flat at Rohini in 2004, 25 years after he had registered for a flat with the authority.On Tuesday, however, a Delhi high court bench headed by Chief Justice Dipak Misra ordered that a ground floor accommodation be granted to Sitaram at a concessional rate. The bench also upheld the findings of a single bench saying that the case showed the callous attitude of the DDA.
"I am more happy for my son," a visibly-happy Sitaram told HT after the court verdict.
The bench has directed the DDA to issue a fresh demand letter to Sitaram within a month of the order and imposed a fine of Rs 10,000 on it.
Sitaram was allotted the third floor flat for Rs 4.29 lakh after 25 years. But when he requested for a ground floor house citing the policy of change of floor to disabled, DDA authorities refused stating the policy was applicable only to the flat applicant and not family members.
Seeking justice, Sitaram had moved the court once again in July 2008.
The DDA told the court that the Delhi lieutenant governor had sanctioned a ground floor house, which he was finally given in March 2009, but for R13.9 lakh, three times the cost of the third floor flat.
After this yet another round of courts began for Sitaram. This time the court ruled in his favour stating that Sitaram could not be made to pay for the DDA's delay without any reasonable explanation in considering his request.