DIWAN CHAND Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) IT is not in dispute that the allotment of Category III Flat at Ground Floor, bearing No. 205, Pocket -L, Sarita Vihar, New Delhi was made in favour of the Petitioner which was later cancelled on August 30, 1991. Aggrieved by the cancellation, the Petitioner filed a civil suit on November 30, 1992 which was disposed of on April 03, 2003 holding the cancellation to be illegal. Consequently the following reliefs as prayed for were granted:

(2.) IT is also not in dispute that the Respondent/DDA preferred an appeal against the judgment and decree of the Civil Court before an Additional District Judge which was dismissed on January 14, 2004 and against that order, a Regular Second Appeal was preferred in this Court which, too, was dismissed on January 11, 2005. However, even after the dismissal of the appeal by this Court, it was only on May 17, 2007 that the Respondent/DDA issued a demand -cum -allotment letter demanding a sum of Rs. 43,62,145/ - from the Petitioner.

(3.) THE learned Counsel for the Respondent/DDA, on the other hand, says that the sum of Rs. 43,62,145/ - has been demanded from the Petitioner at the rate that was prevailing as on the date of issue of the demand -cum -allotment letter.