SANJAY KUMAR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner being an Arjuna Awardee applied for allotment of a flat on out of turn basis to the respondent in the year 2000 and the request of the petitioner was considered favourably. The petitioner was issued an allotment letter dated 20.06.2001 allotting flat No. 8785, Pocket 8, Sector C, Category III, Ground Floor, Vasant Kunj, New Delhi at the disposable cost of Rs.17,60,703/-. The petitioner was aggrieved by the cost of the flat on the ground that the flat was built in the SFS Scheme on 1984, which were constructed for allotment of the registrants of V, VI and VI-A SFS Scheme and two and a half per cent of the total flats constructed were to be allotted on out of turn basis.

(2.) The grievance of the petitioner is two-fold. Firstly, charging of the current cost and secondly, the surcharge of 20% over the disposable price for the flats in South Delhi.

(3.) The petitioner, however, paid a sum of Rs.9,50,000/- vide challans dated 25.09.2001 and 03.10.2001 and thereafter filed the present writ petition. In terms of the interim Order dated 07.12.2001, it was directed that in case the petitioner has deposited a sum of Rs.9,50,000/-, the possession of the flat be handed over to the petitioner on completion of necessary formalities and the petitioner undertook to pay the balance amount including 20% surcharge together with interest in case the amount is so found due. It was directed that the petitioner shall not alienate, assign or part with possession of the flat pending disposal of the writ petition. The possession of the flat has since been handed over to the petitioner.