TRILOK KUMAR Vs. ADMINISTRATOR U T OF DELHI

JUDGEMENT

(1.) With the consent of the parties writ petition is taken up for disposal. The petitioner has filed the present writ petition seeking a direction for allotment of a specific flat in Bhikaji Cama Place, in terms of allotment letter dated 10.2.1995. Consequential directions for handing over of possession are also sought. Petitioner also questions the non-intimation of the scheme of draw of lots for adjusting Nehru Place Allottes In Bhikaji cama place. Alternatively, the petitioner demands compensation for for the escalation In cost and prices to enable him to acquire comparable accommodation In Bhikaji Cama Place. He, therefore, prays that the amount paid be refunded with market rate of Interest duly compounded.

(2.) The petitioner, an advocate by profession, had applied under the SFS Commercial Flat scheme No. 1 for allotment In the year 1984. The petitioner paid In all a sum of Rs.4,82,830.05 (rupees four lacs eighty two thousand eight hundred thirty and paisa five only) towards the demands made by the respondent from time to time. At the time of booking the petitioner had Indicated his first preference for a commercial flat at Nehru Place, second preference was Indicated as Bhikaji Cama place. Unfortunately, the prestigious project of constructing the commercial flats at Nehru Place was abandoned by respondents due to what is claimed as "unavoidable circumstances". With the abandonment of multi-storeyed building at Nehru Place, the entitlement of the petitioner for allotment would naturally fall to the second preference at Bhikaji Cama Place, The petitioner claims that the respondents should have given preference to those, who had indicated their preference for Nehru Place while considering the allotment of flats at Bhikaji Cama Place. Far from giving any preference, the allotment according to the petitioner of flats at the Bhikaji Cama Place was done in an arbitrary manner.

(3.) Learned counsel for the petitioner submits that curiously out of 62 flats, 33 allotments were made to those who had opted for Bhikaji Cama Place as first preference. In the next draw of lots, 19 allotments out of 29 were made. The petitioner's name was included in these two draw of lots, but was not successful.