INDUMATI PANDEY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The property of the petitioner was demolished during the period 1975-76 and in terms of a policy of the respondent published in 1979-80, registration was invited for flats of the affected persons. The petitioner applied for registration under the scheme.

(2.) The only controversy which arises in the present case is as to whether the petitioner would be entitled to an LIG flat or an MIG flat. This entitlement is based on an income criteria which includes income of the husband and the wife. In case the basic salary of the husband of the petitioner is taken into consideration, the petitioner would be eligible only for an LIG flat. If however, the total income realised by the husband of the petitioner is taken into consideration, the petitioner would be entitled to an MIG flat.

(3.) Learned Counsel for the petitioner initially sought to contend that even the requirements for an MIG flat had been reduced in subsequent schemes by reducing the base level of income making a person entitled to an MIG flat. He, however, fairly stated that since the registration of the petitioner is under a particular scheme, it really cannot be canvassed that the parameters of another scheme could apply.