MOHAMMAD ZAMEEL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) . This batch of writ petitions has been filed by the petitioners aggrieved by the notices of respondent-DDA cancelling the allotment made in favour of the petitioners of the various shops situated in New Subzi Mandi, Okhla.

(2.) . The initial allotments were made to the petitioners on a decision being taken to shift the Phool Mandi, Daryaganj, Delhi to be relocated in the new Subzi Mandi, OKhla. A survey was conducted by the Agricultural Produce Marketing Committee, Azadpur and a list of persons was prepared who were found eligible for allotment in the new Subzi Mandi, OKhla. The initial draw of lots was held in 1985 but the same was cancelled since it was not approved by the Lt.Governor and the second draw was held in the year 1987. Demand letters were issued to the eligible persons/allottees and a demand was made for 1/3rd of the premium for the new site on which payment possession was to be given. The remaining 2/3rd premium was payable in two half-yearly instalments with Interest in case of belated payment.

(3.) .The initial allotments were made pending certain litigation and it is stated in the counter affidavit that an order dated 18.12.1997 was passed by the Division Bench of this court in LPA 293/97 in favour of the respondent DDA and the 3LP against the same was dismissed being SLP No.CA 23861/97. However, while dismissing the SLP the Supreme Court took note of the objection of the rate of interest being alleged to be excessive and a statement was made by counsel for the respondent DDA that on a representation being made, regarding fixation of proper rate of interest the same would be examined by the authorities. It was, however, clarified by the Supreme Court that such representation would be considered only after the petitioners shifted to the present place. The said representations were thereafter made and an order was passed by the Lt.Governor dated 31.12.1998 stating that the interest to be charged would be 18 instead of 25% per annum. It was further directed that the allottees be asked to deposit the entire interest by 31.3.1999 failing which the allotment would be treated as cancelled. On a representation being made to extend the time it was directed by the Lt.Governor that the interest be charged in 3 instalments up to 31.12.1999 and that no further accommodation should be provided.