ASHUTOSH KUMAR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India has been filed by the Petitioner with the following prayers:

(2.) The facts, in brief, leading to the instant petition are as under:-

(3.) Mr. Rahul Sinha, learned Counsel appearing for the Petitioner/bidder, submits that the after having acceded to the permission of the Petitioner to get a loan from a Bank, the action of DDA, cancelling the allotment letter, is not justified. He submits that the Petitioner had made arrangements and a loan to the tune of Rs.20,20,000.00 was sanctioned to the Petitioner by the ICICI Bank on 31/12/2020 and, therefore, the DDA could not have cancelled the allotment letter. Learned counsel for the Petitioner further submits that the Petitioner had also written a letter dtd. 25/1/2021 to the Deputy Director, DDA, LSB (R), stating that ICICI Bank has sanctioned a loan to the Petitioner and that due to lockdown, the Petitioner was not in a position to pay the processing fee to the Bank and, therefore, 4-5 month's time was taken by the Bank to process the loan of the Petitioner. He states that for this reason, the Petitioner sought time to pay the balance 75% premium amount. He further states that the inaction on the part of DDA in issuing the letter, permitting the Petitioner to mortgage the plot, should not be used against the Petitioner and the allotment ought not to have been cancelled.