CWG flats: Yet another DDA bid to get court nod for auctions fails

Days after it issued completion certificates for 30 out of the 34 towers in the Commonwealth Games Village complex,and handed out the conveyance deed to developer Emaar MGF after receiving Rs 19 crore as dues,the Delhi Development Authority made yet another attempt before the Delhi High Court on Tuesday to procure a nod for auctioning 110 flats in the complex,which is mired in a controversy over excess construction.

Written by Utkarsh Anand | New Delhi | Published: March 28, 2012 2:12:05 am

Days after it issued completion certificates for 30 out of the 34 towers in the Commonwealth Games Village complex,and handed out the conveyance deed to developer Emaar MGF after receiving Rs 19 crore as dues,the Delhi Development Authority (DDA) made yet another attempt before the Delhi High Court on Tuesday to procure a nod for auctioning 110 flats in the complex,which is mired in a controversy over excess construction.

Refusing to pass any immediate order on DDA’s plea,Justice Hima Kohli asked it to wait at least till the next date of hearing,when the court will decide whether DDA should be allowed to issue public advertisements or call for bids.

The court,which had on March 19 halted DDA’s plan to “test the market”,by declining to give a go ahead to auction of 110 out of the 711 flats in the civic agency’s share,observed that it was not inclined to pass any directive,though DDA counsel Ajay Verma urged that an immediate order was needed.

“We have issued completion certificates for 30 towers,and have issued the conveyance deed,as per the court’s orders. Our 711 flats are put on hold and the agency is held to ransom by petitioners. The court passed an interim order on the petitioners’ plea,and hence,there is no reason why our application to allow us to auction 110 flats should not be entertained,” Verma said.

Unconvinced,Justice Kohli said nobody was holding the DDA at ransom,and it was the court’s decision to not grant a go ahead.

When asked for a response,senior advocate Arvind Nigam,appearing for Emaar,said although the conveyance deed had been executed in their favour,the DDA was still to issue power of attorneys to them,so that it can execute sale deeds in favour of buyers.

Subsequently,the court asked the parties to file their replies to the DDA plea by April 18,the next date of hearing.

The judge expressed displeasure over the fact that despite a previous directive asking all parties to file applications in the main matter,led by CWG Village Allottees’ Welfare Association,the DDA had chosen to file its applications in another connected petition.

“Such practice creates confusion and to avoid this only,the directive was issued not to file applications in any other connected matter,” said the court,which then directed the High Court registry to place DDA’s application in the main petition.

Emaar had last week paid Rs 19 crore to DDA. The money was deposited “without prejudice to the rights and contentions” of Emaar,on the condition that DDA shall not only issue completion certificates,but also take all necessary steps for issuing powers of attorney,authorising it in turn to convey the apartments to the allottees.

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