SUBHASH CHANDRA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present writ petition has been preferred by the petitioner seeking forissuance of a writ of mandamus against the respondent quashing the demand raisedby the respondent under letter dated 26/06/1998 regarding allotment of category11 flat bearing No. 438, Ground Floor, Sector 12, Pocket-I, Dwarka, New Delhi with afurther direction to the said respondent to allot fiat-on payment of the charges ascharged from the other allottees under the 9th Self Financing Scheme and as perbrochure of the 9th Self Financing Scheme.

(2.) The petitioner registered himself under the 1979 HUDCO Scheme seeking forallotment of a fiat. Subsequently, however, on 28/09/1993, the petitionersubmitted an application for conversion of registration from MIG to Self FinancingScheme Vl-B Category -II. Respondent under letter dated 7/08/1996 intimatedto the petitioner that the petitioner was registered with DDA for allotment of Category-II SFS flat under Vl-B, Self Financing Scheme. By another letter dated 20/08/1996 the petitioner was again intimated about the liability for allotment of a flat underSFS Scheme-9. The petitioner submitted his application under 9th Self FinancingScheme, 1996 as offered by the DDA.By letter dated 11/04/1997 the respondent intimated the petitioner that hehas been allotted with a category-ll SPS flat at Second Floor in Sector No. 19,Pocket-2, Dwarka and he was asked to deposit an amount of Rs. 8,08,588.00.Subsequent thereto, the petitioner submitted an application on 25/07/1997seeking for change of floor on compassionate ground that his wife would be unable toclimb the stairs to the second floor and, therefore, he should be provided with a flat onthe ground floor. The aforesaid application was made to the Lt. Governor, who on thebody of application wrote that the petitioner should be given a flat at the ground floor,Pursuant thereto, the case of the petitioner was considered for allotment of a flat onthe ground floor and his name was included in a draw of lots. The petitioner wassucceeded in the said draw, pursuant to which he was allotted with a flat at the groundfloor bearing flat No. 438, Ground Floor. Sector-12, Pocket-1, Dwarka, New Delhi

(3.) By letter dated 11/03/1998, the petitioner was informed that the earlierallotment dated 11.4.1997 has been changed to flat No. 438, Pocket No. 1, Sector12, Ground Floor in Dwarka (Category-11). However, on 26/06/1998 a demandletter was issued by the respondent claiming higher price for the said flat anddemanding payment thereof. At the request of the petitioner time was allowed tomake the payment upto 22/11/1998. Being aggrieved of which the.petitioner preferred this petitioner seeking for the aforesaid relief.