DAYA CHAND JAIN Vs. DDA

JUDGEMENT

(1.) THE present petition is filed by the petitioner praying inter alia for quashing/setting aside the order dated 07.01.2009 passed by the respondent/DDA, cancelling the allotment of plot No.1270, Block No.A, Pocket 1 , Sector 30, measuring 32 square meters in Rohini Residential Scheme, and for restoration of the allotment of the aforesaid plot in his favour.

(2.) BRIEFLY stated, the facts of the case are that in the year 1981, the petitioner applied to the respondent/DDA for allotment of a LIG plot under the Rohini Residential Scheme, 1981. It is a case of the petitioner that between the years 1996 to October 2003, he was residing in a W.P.(C) 7463/2009 Page 1 of 9 government accommodation at Dev Nagar, Delhi. In April 2003, the petitioner purchased a plot measuring 30.03 square meters from the open market and constructed upon the same. Subsequently, the aforesaid plot was converted from leasehold to freehold. On 14.04.2004, the petitioner sold the aforesaid plot. On 26.07.2004, the respondent/DDA held a draw of lots, wherein the petitioner was allotted the subject plot and the respondent/DDA issued a demand-cum-allotment letter having block dates 02.08.2004-06.08.2004, calling upon the petitioner to deposit the first installment of 35% of the premium of the plot, i.e., `42,948/-. On 29.09.2004, the petitioner duly complied with the aforesaid demand-cum- allotment letter by depositing 35% of the premium amount, whereafter he deposited the balance amounts from time to time, the final installment having been paid by him on 04.03.2005.

(3.) AFTER waiting for a period of 4-5 months, the respondent/DDA issued a final show cause notice dated 07.01.2008, reiterating the observation made in its earlier notice to show cause and rejected the submission made by the petitioner in his reply to the said notice to show cause and further, called upon him to once again explain as to why the offer of allotment should not be cancelled. The petitioner once again submitted a reply dated 18.01.2008 to the respondent/DDA taking the same stand as he had taken earlier. On 18.03.2008, yet another show cause notice was issued by the respondent/DDA to the petitioner and it was duly replied to by the petitioner, vide letter dated 02.04.2008. Finally, the impugned order dated 07.01.2009 came to be passed by the respondent/DDA, conveying the decision of the competent authority to cancel the allotment of the subject plot made in favour of the petitioner.