RAMESH CHANDER SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has assailed a demand-cum-allotment letter dated 13.01.1992 issued by the respondent/DDA towards the disposal cost of flat No.212-C, Pocket F, MIG Second Floor, Nand Nagri fixed as Rs. 2,65,600/-, and for directions to the respondent/DDA to revise the cost of the allotted flat by fixing it at the same rate as prevalent on 30.10.1987, when he was declared as a successful allottee and allotment of a flat was made in his favour as per his eligibility.

(2.) The undisputed facts of the case are that in the year 1979, the respondent/DDA floated the New Pattern Registration Scheme ('NPRS-1979), calling for applications from the public for registration under various categories including MIG, LIG, HIG etc. On 19.09.1979, the petitioner applied under the aforesaid scheme and deposited the registration amount of Rs. 4,500/- with the respondent/DDA, whereafter he was given priority No.4669. On 30.10.1987, the respondent/DDA held a draw of lots and declared the petitioner successful for allotment of a flat as per his eligibility at Nand Nagri, being Flat No.14-C, Pocket F, Second Floor, Nand Nagri. Thereafter, a demand-cum-allotment letter bearing block dates 16.11.1987-20.11.1987 was issued to the petitioner by the respondent/DDA, wherein the disposal cost of the flat was shown as Rs. 1,33,300/- on the basis of cash down payment. However, the petitioner was allotted the flat as per hire purchase scheme, whereunder he was required to deposit a sum of Rs. 19,115.43 paise towards the initial deposit and thereafter he was required to deposit 120 monthly installments @ Rs. 1,675.58 paise per installment. The first installment was due on 10.01.1988.

(3.) It is the petitioner's case that he deposited eight installments, totalling to Rs. 13,404.80 paise and besides making the aforesaid deposits, he also completed all the necessary formalities and submitted the requisite documents to the respondent/DDA. However, to the utter shock and surprise of the petitioner, he discovered that the flat that had been allotted to him at Nand Nagri had already been allotted to someone else, and it was a case of double allotment. Vide letter dated 26.07.1989, the respondent/DDA informed the petitioner that he had been allotted an alternate flat No.16-B, A&B Group IV, First Floor, Dilshad Garden, in lieu of the earlier flat allotted to him in Nand Nagri. After allotting the aforesaid flat to him, the petitioner was called upon by the respondent/DDA to deposit Rs. 23,172.43 paise as an initial deposit towards the aforesaid flat and to pay monthly installments @ Rs. 1,652.20 paise, the first installment falling due on 01.12.1989. A revised demand-cum-allotment letter dated 19.10.1989 was issued to the petitioner, wherein the cost of the flat was fixed at Rs. 1,35,900/-. Again, the petitioner completed all the requisite formalities and requested the respondent/DDA to adjust the amount deposited by him against the flat allotted to him earlier.