NISHANT RAI ANDREW Vs. DDA

JUDGEMENT

(1.) THE petitioner, in a draw of lots held on 27 th February, 1998 was made an out of turn allotment under the Physically Handicapped Quota, of Shop No.3, CSC, Jagriti Enclave, Zone 10&11 and a Demand-cum- Allotment Letter dated 21 st October, 1998 issued to him. THE petitioner though deposited a sum of `3,68,265/- with the respondent DDA towards the price of the said shop but requested for change of location for the reason of the same being at a distance from his residence. THE request of the petitioner was examined and acceded to by the respondent DDA and another Shop No.25, in Dhallupura Chilla, Delhi was allotted to the petitioner vide revised demand letter dated 5 th January, 2001. THE counsel for the petitioner states that the price of the said shop was less than the amount of `3,68,265/- which had already been deposited by the petitioner and the petitioner was rather entitled to a refund of approximately `12,000/-.

(2.) HOWEVER the possession of Shop No.25 Dhallupura Chilla, Delhi also could not be delivered to the petitioner since according to the respondent DDA the same already stood allotted to another.

(3.) ON suggestion of this Court to the respondent DDA to identify five shops in the vicinity of the residence of the petitioner for allotment to the petitioner, list of five such shops was given to the petitioner. The petitioner identified one of the said shops for acceptance in lieu of the shop no.25 Dhallupura Chilla, Delhi to which he claims entitlement. However it is the contention of the counsel for the respondent DDA that the respondent DDA is incompetent to so allot the identified shop and has to necessarily hold draw of lots. The petitioner was as such asked to identify three of the said five shops and of which one would be allotted in the draw of lots to the petitioner. The petitioner has filed an affidavit dated 22 nd November, 2010 listing the said three shops.