BANKE SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) with the consent of the parties writ petitions are taken up for disposal.By this composite Order I would be disposing of writ petitioners beering CW Nos.4424/2000, 924/2001 and 6591/2000, as common questions of fact and law are involved.

(2.) Petitioners in these cases were the applicants for allotment of MIG flats under the New Pattern Registration Scheme 1979 of the DDA. The undisputed facts are that the petitioners had duly paid the initial deposit as required under the scheme and were issued registration certificates. Thereafter the petitioners were also issued demand-cum-allotment letters intimating that MIG flats at the specified colony had been allotted. The petitioners benafide believed that with the receipt of the allotment letter their quest for shelter and housing was over. Petitioners later on discovered to their chargin that it was a case of double and wrong allotment in CM Nos.4424/2000 and 6591/2000. While in CW No.924/2001, it was a case of wrong allotment, wrong allotment here refers to the flat being allotted in LIG Category, while the application was for a MIG flat. Double allotment of course signifies the said flat having been allotted to some one else also.

(3.) Counsel for the petitioner has urged before me that the petitioners had duly complied with their obligations under the scheme and they could not be faulted with if the DDA either made a wrong allotment or on account of malpractices it turned out to be a case of double allotment. In fact DDA itself has evolved a policy for dealing with cases of double allotment and wrong allotment. The earlier resolution No.103/93 and resolution No.144/93 dated. 16.11.1993 embody the policy of dealing with cases of double allotment. It is not necessary to dwell on the policy embodied in these resolutions. It is sufficient to notice that as per the policy, the DDA is to allot the flats at the old/original cost. In fact it is also required to pay interest on the registration amount.