DELHI DEVELOPMENT AUTHORITY Vs. R S YADAV

JUDGEMENT

(1.) By an order dated 23/05/1996 in LPA No.125/96 a Division Bench of this Court referred the matter to a Larger Bench, stating therein as under :

(2.) The scope of the reference was enlarged by an order dated 15/05/1998. The question of delay in making payment by the allottee to the DDA on grounds of non-availability of basic amenities like sewerage, water and electricity was also directed to be considered.

(3.) Having regard to the order proposed to be passed by us, it is not necessary to delve into the factual matrix of the matter. Suffice it to say that Delhi Development Authority (in short "DDA") framed various schemes, in terms whereof, applicants are called upon to apply for inclusion of their names in a draw of lots to be held and the successful allottees are allotted a flat at a specific price. Question, however, arose as to whether the DDA can enforce the demand (under pain of cancellation) upon merely constructing the fiat and offering its possession, without making flat habitable, as for example laying down water supply lines, sewerage lines, construction of roads, etc.