KAMLESH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner is the widow of the person named Sat Pal who was allotted Kiosk No. 4, Kalkaji Extension by DDA on leasehold basis vide its letter dated 30.07.1986 (Annexure P-1 at page 9 of the paper book). The allottee of the said Kiosk died on 30.07.1993 before possession of the Kiosk could be handed-over to him by the DDA. The widow of the deceased allottee had been fighting with the DDA all along for getting possession of the Kiosk in question and it was after 20 years of the initial allotment, the DDA issued demand letter dated 25.01.2006 to the petitioner, being the widow of the deceased allottee, demanding an amount of Rs. 6,31,300/- being the cost of the Kiosk including interest thereon. The breakup of the said demand contained in the demand letter dated 25.01.2006 was as under: <FRM>JUDGEMENT_1466_ILRDLH20_2010_1.html</FRM>

(2.) The petitioner represented against the said demand vide her representation dated 13.03.2006 (Annexure P-5 at page 17 of the paper book) and requested that the DDA should correct its demand and charge the cost of the Kiosk that was prevalent in 1986 at the time of its initial allotment. On this representation of the petitioner, the DDA conceded to the demand of the petitioner for charging the cost of the Kiosk at the rate prevalent in 1986 and issued a revised demand letter dated 29.08.2006 (Annexure A-1 at page 33 of the paper book) and demanded an amount of Rs. 3,85,100/- instead of Rs. 6,31,300/- as per the following details: <FRM>JUDGEMENT_1466_ILRDLH20_2010_2.html</FRM>

(3.) The demand in respect of the Kiosk in question was revised by the DDA during the pendency of the present writ petition.