JAGAN NATH Vs. DDA

JUDGEMENT

(1.) THIS is a second appeal filed by appellant-plaintiff in whose favour the trial Court had passed a decree in his suit for injunction directing the respondent Delhi Development Authority (DDA) not to cancel the allotment on hire purchase basis of the Janata flat for which he had got himself registered with DDA in the year 1989 but the first Appellate Court in appeal filed by the respondent-defendant had reversed that judgment and decree and dismissed the suit.

(2.) THOUGH initially DDA was being represented in the matter but from 13th May 2009 onwards none has been appearing on its behalf for the reasons best known only to DDAs legal department which has failed to on 19th August, 2011 this ensure the presence of its counsel. Thus, Court had after hearing the counsel for the appellant alone formulated the following substantial question of law which was considered to be arising for the decision of this Court:-

(3.) THE respondent ? defendant contested the suit seriously on the ground that under the Brochures issued in respect of the ,,Ambekar Awas Yojna as well as the earlier New Pattern Scheme 1979 (NPRS-79) it had the discretion to alter the terms and conditions of allotment of flats as and when considered necessary and before any allotment could be made under the Scheme in question the DDA pursuant to the discretion it had passed resolutions no. 145/92 and 168/92 in respect of NPRS-79 whereby the percentage of Janata category flats to be allotted on hire purchase basis was reduced from 100% to 75% and same percentage was fixed under the ,,Ambedkar Awas Yojna, 1989 vide its decision Ex. DW1/2 as against the initial decision of the DDA make 100% allotments under Janata category flats on hire purchase basis and as per the said revised policy the appellant ? plaintiff came to be allotted the flat on cash down basis thereby fixing the same percentage of allotment of flats under NPRS-79 and the Ambedkar Avas Yojna to avoid discrimination amongst the allottees of Janata flats under the Scheme.