ANIL KUMAR Vs. DDA

JUDGEMENT

(1.) RULE . With the consent of counsel for the parties, writ petition is set down for final hearing and disposal.

(2.) BRIEF facts of the case, as set out in the present petition, are that in the year 2004, DDA had launched a "Festival Housing Scheme 2004". Two categories of flats i.e. 'A' Janta Flats in Kondli Gharoli and 'B' General Category flats, were available for allotment. The registration amount fixed for Category 'A' Janta Flat was Rs.25,000/ - and for General Category Flat was Rs.1,00,000/ -. The petitioner, keeping in view his financial status, got himself registered under the said scheme for allotment of a flat under Janta Category vide application no.211120 dated 24.11.2004 and deposited a sum of Rs.25,000/ - towards the registration amount. The name of the petitioner was included in the draw of lots held on 28.1.2005 for a bigger flat under General Category and a flat bearing no.384, Ground Floor, Pocket 3, Block D, Type B, Bindapur, Delhi, was allotted to him under Category B. Petitioner was shocked to receive the demand letter dated 22.2.2005, as per which, the cost of the flat was fixed at Rs.8,50,080/ -. Aggrieved by the action of the respondent, the petitioner approached the officials of the DDA and apprised them of the mistake committed by their office by allotting him a flat under the wrong category and raising a demand at an exorbitant cost. The petitioner, thereafter, made a representation to the Commissioner, DDA. The petitioner is stated to have also made number of visits to the office of the DDA. The petitioner also appeared in various public hearings of DDA including on 12.5.2005 when the Commissioner (Housing) directed for production of the file on the next date i.e. 19.5.2005 and assured the petitioner that a flat, as applied, would be allotted to him shortly as per his entitlement. Along with the writ petition, petitioner has filed photocopies of the public hearing slips dated 12.5.2005 and 26.5.2005. The petitioner has also placed on record photocopy of the letter dated 28.7.2005, which bears the acknowledgment stamp of the DDA as also the endorsements made by various officers of the DDA. The petitioner has also placed on record photocopies of various notings made by the various officers of the DDA from time to time.

(3.) IT may also be noticed that Resolution No.144/93 was passed pursuant to the decision of this Court in Suraj Bhan Chaudhary v. DDA, CW. No. 3827/92. In these circumstances, learned Counsel for the respondents very fairly states that he has instructions to state that the respondents would also allot flats at the old cost. As regards interest on the deposited amount, rather petitioners had approached the Court belatedly. Learned Counsel for the petitioner, in these circumstances does not press the claim for interest on the registration amount. Respondent shall take steps to allot the flats in Peeragarhi as proposed. The requisite formalities including the issuance of demand -cum -allotment letter for the flats to be allotted, if not done already, shall be completed and possession be handed over to the petitioners within a period of 2 months from today.