LAWS(DLH)-2001-5-74

KISHAN LAL Vs. DELHI DEVELOPMENT AUTHORITY

Decided On May 10, 2001
KISHAN LAL Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) Rule. With the consent of the parties writ petition is taken up for disposal.

(2.) Petitioner has filed the present writ petition, seeking a writ of mandamus for a direction to the respondents to hand over possession of flat No.22-C, IInd Floor, Phase-11, Jhil Mil Area, Delhi or alternatively hand over possession of a similar flat in Jhil Mil Area. if possession of the above flat cannot be handed over.

(3.) Learned counsel for the petitioner, Mr.R.C.Dua submits that petitioner was entitled to flat No.22-C, Phase II, Shivam Enclave, Jhil Mil Colony, Delhi. However, the respondent/DDA has allotted flat No.22-C, IInd Floor, Phase-11, Jhil Mil Colony. The crux of the problem appears to be that in the Jhil Mil Colony there is a block having a cluster of flats, which has come to be popularly known as "Shivam Enclave". It appears that the cluster of flats in the block known as "Shivam Enclave" are preferred and coveted flats, as compared to rest of the Jhil Mil Colony. Petitioner naturally seeks an allotment of a flat at "Shivam Enclave". There is no dispute with regard to their being an allotment in favour of the petitioner.