LAWS(DLH)-2011-1-100

MOHD SULTAN Vs. DELHI DEVELOPMENT AUTHORITY

Decided On January 11, 2011
MOHD SULTAN Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) As a result of the refusal by the Delhi Development Authority ("DDA?) to condone the delay in payment of instalments by the Petitioner towards allotment of a plot under the Rohini Residential Scheme, 1981 ("RRS?) the present writ petition has been filed.

(2.) The Petitioner applied for allotment of an LIG category residential plot in Rohini in the year 1981. Twenty-two years later the Petitioner?s name was included, as per his priority, in the draw of lots held by the DDA on 11th June 2003. He was allotted plot No. 593, Pocket C-2, Sector 28, measuring 32 sq. m. and thereafter an allotment-cum-demand letter bearing block dates 15th September 2003 to 19th September 2003 was issued to the Petitioner showing the total disposal cost as Rs. 1,24,448/-. The first instalment, comprising 35% of the disposal cost in the sum of Rs. 38,458/- was to be paid by 18th November 2003. The second instalment comprising 50% of the disposal cost in the sum of Rs. 62,224/- was to be paid by 17th January 2004 and the third installment comprising 15% in the sum of Rs. 18,667/- was to be paid by 30th June 2006.

(3.) The Petitioner states that on account of certain domestic problems there was a delay in payment of the instalments. The first instalment in the sum of Rs. 38,458/- was paid only on 19th May 2004 with a delay of 154 days. The Petitioner sought further extension of time for making payment of the second instalment which was due on 17th January 2004. It is stated that the DDA granted extension of time by 180 days for making payment of the second instalment and that period expired on 16th April 2004.