Trust Deficit: HC On Signature View
Delhi High Court
said on Friday, asking the civic agency to "establish trust".
Trying to break the impasse where residents have refused to vacate the towers in the north Delhi society despite these being declared dangerous, the bench of Chief Justice DK Upadhyay and Justice Tushar Rao Gedela said both sides must look for a resolution and "move ahead" for the project to be completed.
"There is a lot of trust deficit. The contention of the residents is not incorrect. You have to establish trust by first putting in the money," the bench told DDA after it found no payment of rentals was made to several residents who willingly moved out of their rickety flats, despite a promise by the land-owning agency, prompting other residents to stay put, instead of handing over their apartments for reconstruction.
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It ordered DDA to file an affidavit giving details of the status of the process of payment of rent to eligible residents. "You are the one person who can get it all done," the court told senior advocate Sanjay Jain, who represented DDA, hinting that Jain's past record as additional solicitor-general and his stint as a long-time legal advisor to the lieutenant governor would come in handy in ensuring that a solution is found and the project to rebuild the flats is completed.
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The court was dealing with an appeal filed by the land-owning body against a single judge's order last year that approved the demolition of Signature View Apartments in Mukherjee Nagar but rejected DDA's proposal to build 168 additional flats by using an enhanced floor area ratio (FAR). The single judge held that allowing increased FAR would infringe upon the material rights of the flat owners and stressed that the common areas and facilities had already been transferred to the owners, and no additional flats could be built without their consent.
In its order, the court last year also ordered DDA to pay "facilitation amounts" to the apartment owners until their reconstructed flats are handed over. It passed the order after hearing the flat owners' plea, where they accused civic agencies of corruption and maladministration, claiming substandard materials were used while making the apartments.
In its appeal, filed through standing counsel Sanjay Katyal, DDA challenged the ruling on its interpretation of the FAR, arguing that it is allowed in law to construct 168 more flats and sell these.
The Signature View Apartments complex has 10 towers with a stilt+10-storey structure and two towers with a stilt+6-storey structures.
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