MUKESH GUPTA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioners, who have come into possession of certain plots of land, in New Kondli, Delhi, by virtue of General Powers of Attorney (hereinafter referred to as "GPAs") executed by the persons to whom the said plots had been originally allotted, seek, by means of this writ petition, a mandamus, to the Delhi Development Authority (hereinafter referred to as "the DDA"), not to transfer, or auction, the said plots to any other buyer, or create any third party rights in respect thereof.

(2.) The twenty-three plots, forming subject matter of the present proceedings, all of which are located in New Kondli, were originally allotted to persons other than the petitioners, vide individual allotment letters, all of which were issued on 28th June, 1991. The allotments were under a resettlement scheme, titled the "site and service scheme", whereunder the DDA allotted plots to persons belonging to the weaker classes, such as slum dwellers, who had to be evicted from the places upon which they had illegally encroached. The allotments were on perpetual leasehold basis, and the allottees were required to deposit Rs. 3,000/- as initial payment towards premium.

(3.) Clause 2 of the allotment letters deemed the allottees to have assented to all the terms and conditions of the allotment. Clauses 3 to 6 of the allotment letter - with all their grammatical and syntactical quirks - read thus: