Taking serious note of complaints of irregularities in DDA’s draw of lots, the Delhi High Court on Tuesday indicated it was in favour of ordering an interim stay on allotments.
Though the Bench refused to issue an immediate stay, a Division Bench of Chief Justice A.P. Shah and Justice Sanjeev Khanna observed that prima-facie they were inclined to issue an interim stay on the allotment and asked the DDA counsel to obtain instructions in the matter.
Asking the DDA and government to come out clean on all the allegations of irregularities and make their stand clear at the earliest, the court fixed the next date of hearing on February 9
An unsuccessful applicant belonging to the reserved category had challenged the scheme on the grounds that allowing persons belonging to SC/ST category residing outside Delhi to participate in the draw of lots was “illegal” and "with ulterior motive".
Questioning the legality of the reservation policy, petitioner Prem Chand, a resident of Dilshad Garden, contended that the government agency had surpassed its jurisdiction by "inviting applications from Scheduled Caste applicants outside the National Capital Territory", without a thought for similar members of "oppressed castes" living in Delhi.
Chand’s lawyer K.V. Dhananjay submitted before the court that forms from outside Delhi, specially from Rajasthan, were accepted with an “ulterior motive”.
Rejecting his plea for an immediate stay, the court said the petitioner should have raised the issue in August when the DDA accepted the forms.
Of the available 5,238 flats, 17.5 per cent were reserved for the Scheduled Castes.