DELHI DEVELOPMENT AUTHORITY Vs. V K WAHI

JUDGEMENT

(1.) THIS Intra-Court appeal impugns the judgment dated 19th May, 2008 of the learned Single Judge allowing W.P.(C) No.1913/2007 preferred by the respondent by quashing the orders dated 18th July, 2006 and 22nd January, 2007 of the appellant DDA (cancelling the allotment of plot no.1369 (ad measuring 32 sq. mtrs.), Pocket A-1, Sector-30, Rohini in favour of the respondent) and directing the appellant DDA to allot an alternative plot with the same measurements and near the same sector or in the same zone to the respondent at the cost as was prevalent on the date of allotment of the earlier plot to the respondent. The appeal was admitted for hearing and the operation of the order of the learned Single Judge stayed. We have heard the counsels.

(2.) THE respondent was a registrant with the appellant DDA since the year 1981; after a long wait of 23 years he was vide letter dated 2nd August, 2004 allotted the plot aforesaid; though the respondent deposited the demanded amount but the appellant DDA vide letter dated 18th July, 2006 cancelled the allotment for the reason of the wife of the respondent being already the owner of another plot in Rohini. The respondent represented to the appellant DDA that his wife had purchase a 32 sq. mtr. plot in Rohini from market on power of attorney and had not been allotted the said plot by the appellant DDA. The appellant DDA however vide letter dated 22 nd January, 2007 rejected the said representation.

(3.) WE need not delve into the issue in detail. The impugned judgment of the learned Single Judge is in consonance with the subsequent judgment dated 9th October, 2009 of the Supreme Court in SLP (Civil) No.27181/2009 (CC 14775/2009) titled Delhi Development Authority v. Jitender Pal Bhardwaj. The counsel for the respondent has also argued and which is not controverted that the judgment of the Division Bench of this Court in LPA No.868/2003 titled DDA v. Madan Lal Garg was taken to the Supreme Court and was upheld by the Supreme Court.