SHEESH KAUR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The land of the petitioner measuring 44 Bighas and 10 Biswas in Village Budhella was acquired by the respondent on 28-12-1968. The name of the petitioner was recommended for allotment of 400 sq. yds. plot in West Zone. Petitioner was requested to send her consent so that her name could be included in the draw of lots for allotment of plot admeasuring 252 sq. mtrs. in Chaukhandi. She was asked to deposit Rs. 5000.00 as earnest money, which she deposited on 17-5-1988. A decision (which is at page 28 of the paper-book) was taken by the respondent, inter-alia, deciding that Chaukhandi residential Scheme being an undeveloped area, the allottees would be allowed change to some other areas in West Zone. The same is reproduced below: -

(2.) It seems that the respondent sent a demand notice dated 25-10-1989 demanding a sum Rs. 1,46,261.00 for allotment of plot allotted to the petitioner in Chaukhandi residential scheme. After the receipt of the said letter, the respondent on 10-11-1989 sent a letter, which 'is at page 30 of the paper-book offering change of plot' from Chaukhandi to other areas of West Zone. The whole controversy revolves around this letter, which is reproduced below: -

(3.) Petitioner vide her letter dated 23-11-1989 accepted the offer of change and requested the respondent to allot plot at a suitable place elsewhere. It seems that petitioner also deposited a sum of Rs. 60,000.00on 31-12-1989. It is contended by learned counsel for the petitioner that thereafter in the year 1995 vide the impugned letter dated 21-3-1995 the respondent on account of non-payment of the premium of Plot No. 47, Chaukhandi cancelled the allotment and withdrew the offer of allotment. Aggrieved by the said letter, the present writ petition has been filed.