ASHOK KUMAR KHANDELWAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner had applied for allotment of a MIG flat under the New Pattern Registration Scheme 1979. The application of the petitioner is bearing the serial No. 2057 and registration No.45131. Petitiorer in due course was issued an allotment-cum-demand letter dated 11/13.11.1987. By the said allotment letter flat No.120-A, Group-I, Dilshad Garden was allotted to the petitioner on cash down basis vide the aforesaid allotment-cum-demand letter dated 10.4.1986.

(2.) The petitioner claims to have duly deposited the amount of Rs. 1,07,200.00 as demanded on cash down basis after adjustment of the initial deposit. Petitioner claims to have furnished the requisite documents required for taking possession of the flat vide a covering letter dated 19.2.1998. Petitioner was required in terms of the allotment-cum-demand letter to make the payment of the amount demanded on or before 11.2.1988 and the petitioner duly made the payment on 10.2.1988. Petitioner in the present writ petition impugns the petition of the DDA vide its communication dated 26.3.1991 in cancelling the allotment of the flat.

(3.) Notice to show cause in the writ petition was issued on 26.2.1997. Despite repeated opportunities being given counter affidavit had not been filed by DDA. On 7.8.2000, again a complete set of paper book was supplied to the new counsel of DDA. On 13.12.2000 finally the new counsel was asked to obtain instructions in the matter and to ensure representation on behalf of the DDA. This led ultimately to Mr.J. K. Sinha, the present counsel being assigned the brief. Copies of the judgment relied on by Mr.Saini were supplied to Mr.Sinha and matter was adjourned to enable him to address the court. The cancellation letter dated 26.3.1991 is a cyclostyled one. it does mention any particular ground, rather it states