Drafts | ‘DDA, One Of Largest Litigant, Must Ensure Unnecessary Litigations Are Not Filed’: Delhi HC Orders For Institution Of Review Committee For Dispute Resolution

The Delhi High Court, recently, remarked that the Delhi Development Authority (DDA) being the largest litigants must ensure that unnecessary or unwanted litigations are not filed in courts. The court further noted that the grievance redressal mechanism should be ‘robust enough to ensure resolution in an amicable, legal, and practicable manner’.

Therefore, the bench of Justice Dharmesh Sharma directed the Vice Chairman of DDA to institute a review committee to create a roadmap for resolving disputes amicably and in a timely manner.

A contempt petition was filed by an individual against the DDA alleging that the latter was guilty of wilful disobedience of a court order, dated July 18, 2024. In the said order, the court had directed the DDA to execute a conveyance deed within four weeks. The court had also directed the Vice Chairman to appear in court and ‘show cause as to why they be not punished and sentenced in accordance with law for committing contempt’.

Prashant Prasad, then Deputy Director (Land Disposal) participated via video conferencing and expressed regret for the inaction by the DDA. The Court accepted Prasad's apology. The Court also considered and accepted the unconditional apology tendered by the Vice Chairman of the DDA, recognizing the sincerity and bona fides in his actions. However, the court opined that the case warranted a different form of figurative punishment.

The court, however, remarked, “It is imperative that certain directions be issued to the DDA to chalk out a roadmap for resolving disputes in an amicable and timely manner. This can be achieved by engaging their officials in open-minded and fair negotiations”. The court further added that in the current climate of increasing dockets, the DDA was urged to adopt a solution-oriented approach to address concerns instead of burdening litigants with technicalities or the hegemonistic attitudes of its officials, which often lead to prolonged and costly litigations, negatively impacting the justice delivery system.

The court emphasized “If litigation is initiated, the mechanism for redressal of grievances should be robust enough to ensure resolution in an amicable, legal, and practicable manner. Adopting such an approach would enhance the DDA's standing and credibility”.

Furthermore, the court directed DDA to establish the Review Committee by September 4, 2024. The Committee should invite inputs from Panel Lawyers by September 7, 2024, and conduct daily meetings for at least one hour starting September 9, 2024. The final proposal for amicable dispute resolution, case-by-case, must be submitted to the Secretary, Delhi High Court Legal Services Committee, by September 12, 2024, with matters to be considered in the ensuing Lok Adalat on September 14, 2024. Weekly meetings of the Review Committee should continue after September 14, 2024.

The court also directed that “Each Advocate on the panel of the DDA in the High Court of Delhi shall be called upon to identify, for now, at least ten cases where issues in pending matters can be narrowed down and resolved amicably”.

The Court clarified that these directions represent an ongoing process, focusing on quality over quantity in resolving cases. If Lok Adalat's referral is not feasible or other administrative reasons prevent resolution, the Review Committee may refer matters to the Judge-in-charge of the Delhi High Court Mediation and Conciliation Centre for further negotiation.

Accordingly, the court directed DDA to file a compliance Report by September 13, 2024.

For Petitioner: Advocates Dilip Singh and R Karthik
For Respondent: Senior Advocate Arvind Varma with Advocates Shobhana Takiar, Smridihi Sharma and Kuljeet Singh
Case Title: Bimla Sachdev v Subur & Anr (2024:DHC:6665)