KRISHAN CHANDER Vs. DDA

JUDGEMENT

(1.) ROHINI Residential Scheme 1981 has been a source of fertile litigation in this Court. DDA bit more than what it could chew. It did not limit the number of applicants under the scheme and as a result nearly Rs.1,20,000/- applicants found themselves registered under the scheme as per which DDA became obliged to allot a plot of land to each applicant as per priority position assigned to each applicant; the land to be allotted as and when acquisitions were complete and development completed.

(2.) THE appellant applied under the scheme. Finding his application to be in order, DDA assigned priority number to the applicant and on 1st-5th September 2003 issued a demand-cum- allotment letter demanding premium in sum of Rs.7,18,872/- payable in installments. THE appellant paid the first installment within time but defaulted in payment of the second and the third, which were deposited with a delay of one year resulting in DDA cancelling the allotment.

(3.) LEARNED counsel for the respondent DDA concedes that there was no document filed before the learned Single Judge by DDA to show that an Indian born who had acquired citizenship of a foreign country was ineligible to apply under the scheme in question. It is apparent that the learned Single Judge has been influenced by a fact which had no relevance to the lis before him.