MAHENDER PRATAP TENEJA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner registered himself with the respondent for allotment of MIG flat under the NPRS, 1979 scheme. The petitioner was allotted a flat at Rohini in pursuance to the allotment letter dated 23.4.1990 on a hire purchase basis. The petitioner deposited the initial amount as also the documents required for taking over the possession and the possession letter was issued to the petitioner on 8th March, 1991. The petitioner, however, did not take possession and addressed a letter dated 18.12.1991 after a period of 19 months stating that he had gone to the flat in question and found certain defects which are as under:

(2.) Thereafter there was silence on the part of the petitioner for a period of about two and a half years when the petitioner visited the site office of the respondent on 2.5.1994 and was informed that the possession letter had been sent back. A letter in these terms was addressed to the petitioner on 23.9.1994. Since the petitioner had not taken possession the petitioner was asked to pay watch and ward charges for the period from 1990 to 1995 of Rs. 18,800/- which the petitioner paid.

(3.) There was again silence on the part of the petitioner for a period of almost six years when the petitioner addressed the letter dated 31.12.2001. The petitioner in this letter made a reference to certain defects in the flat. The petitioner was also called to appear before the concerned officer of the respondent in pursuance to the letter 14.1.2002 and thereafter filed the writ petition on 4.2.2002 against the respondent for quashing their action in not giving possession of the flat as also interest @ 18% per annum on the money deposited by the petitioner.