New Delhi, Feb 8 (PTI) The Delhi High Court todayrejected the claim of Asiad Village residents''claim toexclusive right over the common area of the complex and theplea for an order to DDA not to lease the area to any outsidercausing inconvenience to them.
While dismissing a civil writ petition filed by AsiadVillage Society in 1993 against DDA, a division Bench ofJustices B D Ahmed and Veena Birbal said "the petitionersociety has no right of exclusive control or to administer theportions of the complex in the sense claimed by it.
"Its functions are of the kind which are required forproviding assistance to the local authorities in exercise oftheir functions", the bench said.
"The residents of the dwelling houses who are the membersof the petitioner society would hardly be in a position tomaintain services such as water supply, drainage, lightingetc. The allotment letters on record stipulate that many ofthese amenities even in the housing estate are eventually tobe taken over by MCD and till such time the allottees shallpay service charges....," the court said.
Asiad Village was originally conceived and constructedby DDA as a housing complex. After the 1982 Asian Games wereover, 853 dwelling units in the complex were offered to thegeneral public following the terms and conditions stipulatedin the brochure framed under DDA (Management and disposal ofHousing Estates) Regulations.
The residents in their civil suit alleged DDA should havehanded over the common area to the society for their use asper the terms and conditions in the brouchure but it failed todo so.
The society alleged DDA had charged prices from them manytimes higher than the prevailing market price on the groundthat the residential units are part of prestigious AsiadVillage complex which has exclusive facilities. .