Satish Kumar Vs Govt of NCT Delhi & Anr. — Delhi HC (2025) — LawSathi Research

Satish Kumar Vs Govt of NCT Delhi & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of by directing respondent nos. 1 and 2 to decide the petitioner's representation dated 28.08.2024 within three months, on its own merits, after a personal hearing; if inclined to reject, a reasoned and speaking order to be passed and provided in accordance with law; merits expressly left open. CM APPL.15968/2025 (exemption) allowed subject to all just exceptions.

Issue for consideration

Whether the respondents (including respondent no.2) ought to be directed to decide the petitioner's representation dated 28.08.2024 seeking consideration of his eligibility and issuance of a recommendation letter for allotment of a flat under the HSRPM scheme.

Court's answer

Finding it apposite, this Court disposed of the present writ petition in terms of the direction earlier issued in W.P.(C) 10463/2024 (order dated 20.08.2024), which arose in a similar factual matrix.

Ratio / Principle

Respondent nos. 1 and 2 are directed to decide the petitioner's representation dated 28.08.2024 within three months, on its own merits, after providing the petitioner a personal hearing.

Key takeaways

If the respondents are inclined to reject the said representation, a reasoned and speaking order shall be passed and provided to the petitioner, in accordance with law.ratio¶¶30
Nothing in the order shall be construed as an expression of opinion of this Court on the merits of the entitlement asserted by the petitioner.obiter¶¶31
CM APPL.15968/2025 (exemption) allowed, subject to all just exceptions; the application stands disposed of.ratio

Detailed headnote1 paragraphs

Delhi High Court (Sachin Datta, J.), W.P.(C) 3374/2025, Satish Kumar v. Govt of NCT Delhi & Anr., order dated 19.03.2025: Petitioner, whose family migrated from Punjab to Delhi in 1989 after the 1988 insurgency and was housed in tent no. B-634 at Transit Camp, Govind Puri, with financial assistance of Rs.1000/- per month paid to his father till February 1997 by GNCTD (respondent no.1), sought a recommendation letter for allotment of a flat under the Housing Scheme for Rehabilitation of Punjab Migrants ('HSRPM scheme') introduced by NHRC/DDA resolution dated 18.06.1999. The father, listed among 347 eligible migrants from the Govind Puri relief camp, was removed from the list of allottees/recommendation by respondent no.2 on 18.08.2006 on the ground that his name did not appear in the 'last payment list'; the father has been missing since 2009 and the petitioner obtained a decree of declaration dated 25.04.2022 from the Civil Judge, Jalandhar, Punjab. A representation dated 28.08.2024 with supporting documents remained unanswered. Taking note of the direction in W.P.(C) 10463/2024 (order dated 20.08.2024) in a similar factual matrix, and without going into the merits, the Court disposed of the petition by directing respondent nos. 1 and 2 to decide the representation dated 28.08.2024 within three months on its own merits after a personal hearing, and, if inclined to reject it, to pass and provide a reasoned and speaking order in accordance with law; nothing in the order was to be construed as an expression of opinion on the merits of the asserted entitlement. CM APPL.15968/2025 (exemption) allowed subject to all just exceptions.

Procedural history

How this case reached the court

AI extract

Order under challenge
Removal/rejection of the petitioner's father's name from the list of allottees/recommendation under the HSRPM scheme by respondent no.2, on the premise that his name did not appear in the 'last payment list' of beneficiaries of the financial assistance provided by respondent no.1.¶¶18
Respondent no. 2 · 18.08.2006
Prior proceeding
Family migrated to Delhi in 1989 due to the 1988 Punjab insurgency; petitioner and family were given tent no. B-634 at Transit Camp, Govind Puri, Delhi, and the petitioner's father received financial assistance of Rs.1000/- per month till February 1997 from respondent no.1.¶¶15
Prior proceeding
NHRC, in consultation with DDA, passed a resolution on 18.06.1999 introducing the Housing Scheme for Rehabilitation of Punjab Migrants ('HSRPM scheme') for families who migrated to Delhi from Punjab due to the 1988 insurgency.¶¶16
Prior proceeding
Physical survey of relief camps: 347 migrants from the Govind Puri relief camp, including the petitioner's father, were listed as candidates eligible under the HSRPM scheme.¶¶18
Prior proceeding
After the 18.08.2006 rejection, the petitioner made various attempts to prove his father was a beneficiary of the financial assistance provided by respondent no.1 but received no response from the respondents.¶¶19
Prior proceeding
In compliance with directions passed by this Court in WP(C) 500/2015 and other connected matters vide order 28.01.2016, representations of similarly situated migrants whose names were not recommended for flat allotment under the HSRPM scheme were considered and respondent no.2 issued them recommendation letters for allotment of flats; the petitioner then approached respondent no.2 and was informed that physical presence of his father was required for verification.¶¶19
Prior proceeding
The petitioner's father has been missing since 2009 (not seen by anyone for the last 10 years); the petitioner accordingly obtained a decree of declaration dated 25.04.2022 from the Civil Judge, Jalandhar, Punjab.¶¶19
Prior proceeding
Although various similarly situated migrants were issued letters by respondent no.2, the petitioner's repeated representations and communications did not result in a recommendation for allotment of a flat under the HSRPM scheme.¶¶23
Prior proceeding
Representation dated 28.08.2024 submitted before respondent no.2 with relevant documents of the petitioner's claim; it had not been responded to by respondent no.2 till the date of the petition.¶¶24