Delhi High Court Orders Constitution Of Review Committee To Consider DDA Cases For Resolution Through Mediation
The Delhi High Court has ordered the constitution of a Review Committee to consider matters for resolution of cases concerning Delhi Development Authority (DDA) for resolution through Lok Adalats or the Delhi High Court Mediation & Conciliation Centre.
Justice Dharmesh Sharma directed the DDA Vice Chairman to ensure that each lawyer on the panel of DDA in the High Court shall be called upon to identify at least ten cases where issues in pending matters can be narrowed down and resolved amicably.
The disputes include mutation, demarcation, allotment of flats, unauthorized constructions etc.
The court directed that upon identification of such cases, each panel lawyer may be called upon to submit their recommendations in a confidential manner, in a sealed cover, to be opened and dealt with by a Review Committee.
The court further ordered that the Committee be constituted by the DDA Vice Chairman and will comprise of a senior panel lawyer, a chief law officer and a senior officer with experience in litigation.
The court issued the following directions:
- The Committee shall invite inputs from Panel Lawyers by September 7, 2024, and shall hold daily meetings for at least one hour from September 9, 2024.
- The Committee must then submit a final proposal for amicable dispute resolution, case-wise, to the Secretary, Delhi High Court Legal Services Committee, by September 12, 2024.
- Upon submission, the matters may be taken up, after notice to the parties, in the ensuing Lok Adalat on September 14, 2024.
- The Review Committee meetings be held on a regular basis every week, after 14th September 2024.
- In cases where referral to Lok Adalat is not feasible, or if ongoing negotiations result in a spill-over of cases, or if notice to concerned parties/litigants is lacking, or for any other administrative reason, the Review Committee may refer matters for amicable resolution to the Judge-in- charge, Delhi High Court Mediation and Conciliation Centre.
- A balance sheet shall be compiled at the end of each successive month to analyze the referrals and settlements reached between parties.
The court passed the order while dealing with a contempt plea moved by a woman alleging wilful disobedience of judicial directions asking DDA to execute a conveyance deed in her favour concerning a property situated in Rohini.
Justice Sharma accepted the unconditional apology tendered by the DDA Vice Chairman and said that since the directions were complied with, the case warranted a different form of punishment.
“Having regard to the brief experience gained by this Court while presiding over this Roster, 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 said.
It added that DDA should adopt a solution-oriented approach to address the concerns of its customers and litigants, rather than confounding them with the technical or “hegemonistic attitudes” of its officials.
“Such a disposition leads in unnecessary and prolonged litigations, entailing huge costs, wasting time and efforts, and a detrimental impact on the justice delivery System,” the court said.
Title: BIMLA SACHDEV v. SUBUR & ANR