PIL In Delhi HC Alleges DDA Land Allotted For Daman, Diu & Lakshadweep Bhavans Used For Commercial 'Ginger' Hotel

A public interest litigation (PIL) before the Delhi High Court has alleged that land allotted by the Delhi Development Authority (DDA) for the Dadra and Nagar Haveli Daman and Diu and Lakshadweep Bhawan in Delhi's Chanakyapuri area was instead developed into a commercial hotel operated under the Ginger Hotels brand.

During the hearing, the petitioner sought the original allotment deed to substantiate the allegation that the property had been put to commercial use contrary to the purpose for which it was allotted.

Responding to the Court's query, the petitioner's counsel stated that the petitioner would approach the DDA within three days to obtain a copy of the document.

Counsel appearing for the DDA assured the Court that the request would be dealt with expeditiously and that a copy of the allotment deed would be provided within a fortnight of receiving the request.

The petitioner has alleged that the commercial development of the property was contrary to the original allotment, under which land was provided at a concessional rate for a public purpose.

The matter was heard by a division bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma.

PIL Questions Commercial Use Of Land Allotted For Lakshadweep Bhavan

The petitioner submitted that, under the Central Government's policy, the DDA allotted land to States and Union Territories for the construction of their respective Bhavans in Delhi.

It was contended that Daman and Diu and Lakshadweep, both Union Territories, were allotted land in the Chanakyapuri area, where a State Bhavan had earlier been operational.

According to the petitioner, the respondent authorities subsequently developed the property through a private entrepreneur and established a hotel and cafeteria operating under the name Ginger Hotels.

The petitioner argued that land allotted at a concessional rate for a public purpose could not be used in a manner that resulted in unjust enrichment through a private commercial enterprise. It was submitted that the property ought to have been utilised for the benefit of the public and in accordance with the purpose underlying the original allotment.

The petitioner contended that the alleged commercial use violated the terms of the allotment and ran contrary to the objectives of the Directive Principles of State Policy.

Petitioner Highlights Accommodation Needs Of Lakshadweep Residents

The petitioner also highlighted the difficulties faced by residents of Lakshadweep who travel to Delhi for education, healthcare and other medical purposes.

It was submitted that Lakshadweep is predominantly inhabited by tribal communities and that a designated Bhavan in the national capital would serve as an important source of accommodation for residents visiting Delhi.

According to the petitioner, State Bhavans are intended to cater to the needs of people from their respective regions, including those who travel to Delhi for essential purposes and may find it difficult to arrange accommodation.

The petitioner further alleged that Ginger Hotels operated the property by charging dynamic room rates, which, according to the submission, were not less than ₹7,000 on a given day.

The petitioner argued that such commercial use was inconsistent with the public purpose for which the land had allegedly been allotted.

DDA To Provide Allotment Deed Within A Fortnight

During the hearing, the Court asked the petitioner's counsel about obtaining the original allotment deed.

Counsel responded that the petitioner would approach the DDA within three days with a request for a copy of the document.

The DDA's counsel, appearing on advance notice, stated that the request would be attended to expeditiously and that the allotment deed would be made available within a fortnight.

In view of the proposed request and the DDA's assurance, the Court permitted the petitioner to amend the PIL to incorporate appropriate pleadings in support of the allegations. The amended petition is to be placed on record within four weeks, and the matter has been directed to be listed after six weeks.

The original allotment deed is expected to provide the petitioner with the document sought to support the contention that the property's present use is inconsistent with the terms and purpose of its allotment.

The allegations concerning the diversion of the property remain the petitioner's contentions and have not been established as findings of the Court.