MAHENDRI DEVI Vs. DDA

JUDGEMENT

(1.) THESE batch of matters have been filed by 10 petitioners praying inter alia for issuance of directions to the respondent/DDA to issue fresh demand -cum -allotment letters to them in respect of flats situated in Rohini under the Expandable Housing Scheme (EHS) in terms of the decision dated 19.03.2008 taken in a batch of matters, lead matter being W.P.(C) 3257/2007 entitled Madan Lal Nayak vs. DDA and the subsequent decision dated 26.11.2009 taken in a batch of matters, lead matter being W.P.(C) 7809/2009 entitled Anil Kumar vs. DDA.

(2.) WITH the consent of the counsels for the parties, a common order and judgment is being passed in these cases as the factual matrix in all the 10 cases is almost similar. For the sake of convenience, the facts of W.P.(C) 2094/2011 are being noted and this petition is being treated as the lead case.

(3.) THEREAFTER , a large number of writ petitions were filed by the allottees challenging the demand -cum -allotment letters issued to them by the respondent/DDA on the ground that DDA could not have charged for the flats until the basic amenities were provided in the area, and further, the 20% escalation in the disposal cost of the flats that were allotted, was also challenged. The aforesaid batch of writ petitions were decided on 27.11.2003 by a common judgment rendered in the lead matter, registered as W.P.(C) 2142/1999 entitled Raj Kumar vs. DDA. The operative para of the aforesaid judgment is as below: -