RAJ KUMARI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

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

(2.) Petitioner, by this writ petition, prays for allotment of a flat at Vasant Vihar (JNU) in terms of allotment letter bearing No. 120(35)/84/SFS/VV/III dated 27/9/1984. Petitioner also makes a prayer to declare the re-allocation of flat at Saket vide letter dated 13/4/1987 as null and void and she be instead re-located at Vasant Vihar.

(3.) The factual matrix of the case may be noted:- (i) Petitioner applied in the year 1982, for allotment of a category III flat at Vasant Vihar under the "1982 Fifth Self Financing Housing Scheme". The draw of lot was held on 20/12/1983 and the petitioner was declared successful therein. The registration amount of Rs.15,000.00 had been paid by the petitioner in due course. The allotment letter dated 27/9/1984 was issued to the petitioner intimating that she had been allocated a flat Vasant Vihar(JNU) Ground and First floor. Petitioner, however, did not receive the demand-cum-allocation letter pursuant to this letter. Learned counsel for the petitioner states that petitioner kept on following up with DDA but to no avail. However, in 1987, petitioner was surprised to receive a letter bearing No.l20/35/84/SFS/VV/III dated 13/4/1987, appearing at page 39 of the paper book, whereby she was informed that she had been allocated a category III flat on ground floor and first floor (Duplex) at Saket. The estimated cost of the flat was notified as Rs.2,97,900.00. The instalments were also notified. Petitioner was also asked to pay the amount of first three instalments, which had become due. (ii) It may be noted that the first instalment became due in January, 1986, second in July, 1986 and the third one in January, 1987. Petitioner was asked to make the payment within two months. Petitioner addressed a letter dated 16/6/1987, to the respondent in response to the above demand letter, requesting for three months' extension for payment of the due instalments. Petitioner, it appears, made the payment of Rs.60,000.00 on 13/8/1987, Rs.50,000.00 on 30/3/1988 and another sum of Rs.45,000.00 on 23/9/1988. As the petitioner had failed to make the payment of the instalments demanded, as per schedule, a show cause notice was issued to the petitioner on 8/3/1988. A letter dated 30/3/1988 was addressed by the petitioner, seeking further extension of time, stating, she was not at fault. However, the letter did not mention that it is in response to the show cause notice. (iii) Respondent/DDA in the absence of any payment being made cancelled the allotment on 20/8/1989. Petitioner protested against the said cancellation only on 22/2/1990.