BHIM RAM Vs. DDA

JUDGEMENT

(1.) THE petition seeks a mandamus to the Respondent DDA to, "make an alternative allotment of a Janta flat to the Petitioner in Rohini at the cost prevalent in the year 1990 i.e. Rs.67,500/ - and further direct the Respondent to forthwith hand over possession thereof and reschedule the installments commencing 30 days from the date of handing over possession of the flat to be allotted to him".

(2.) NOTICE of the petition was issued and counter affidavit filed by the Respondent DDA. The Petitioner opted not to file rejoinder. Vide order dated 16th April, 2009 Respondent DDA was directed to file further affidavit and which also has been filed. The writ petition was dismissed in default on 9th May, 2011. CM No. 7156/2011 for restoration thereof was filed and notice thereof issued. The counsel for the Respondent DDA has fairly, not opposed restoration of the writ petition. CM No. 7156/2011 is accordingly allowed and the writ petition restored to its original position. The counsels have been heard on the writ petition.

(3.) THE Petitioner paid the sum of Rs. 14,412.31p together with due interest on 26th July, 1990 i.e. before the stipulated last date. It is the case of the Petitioner and confirmed by the Respondent DDA in its counter affidavit that he was also required to furnish to the Respondent DDA the proof of the said deposit by 1st August, 1990 but deposited the said documents on 29th October, 1990 i.e. after a delay of 88 days. The Petitioner claims that notwithstanding the initial amount of Rs.14,412.31p having been deposited within the stipulated date, he was not delivered possession of the flat. On enquiry as to whether he paid the installments, it is stated that the installments @ Rs.671.67p per month were to commence 30 days after being put into possession of the flat and since the Petitioner was not put into possession of the flat, the occasion for the Petitioner to pay the installments did not arise.