ATTAR KAUR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is an appeal against the order of the learned Single Judge dated 6/03/2000 whereby the writ petition of the appellant seeking direction to the respondent to allot a flat to the appellant at the rates prevalent. in the year 1994 was rejected. The facts giving rise to the appeal are as follows :-

(2.) We have heard learned counsel for the parties.

(3.) It may be mentioned that during the pendency of the writ petition the DDA filed a counter-affidavit in which it was stated that the name of the appellant had since been considered for allotment of a LIG flat under the 'Scheme of 1979' and she has been allotted Flat No. 73, Ground Floor, Block A, Sector 2, Rohini, pursuant to computer draw held on 3/12/1999. It may also be pointed out that the rate at which the allotment was made to the appellant was much higher than the one which was prevalent in the year 1994. The rates prevailing in 1994 were charged from the persons who were registered under the Scheme of 1979' after the appellant was registered and whose names were included in the draw of lots held on January 20, 1.994. The parties are not at variance on this aspect of the matter. There is also no denial of the fact that the name of the appellant ought to have been included in the draw of lots held on 20/01/1994 in consonance with her priority position. The only justification for not allotting the flat as per the rate prevalent in the .year 1994 is that the mistake was not detected within one year of the draw of lots held on 20/01/1994 in accordance with the policy dated 25/05/1995 of the D.D.A. The relevant part of the policy read as under :- <FRM>JUDGEMENT_306_ILRDLH8_2002Html1.htm</FRM>