MADAN LAL GARG Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner registered himself under the Rohini Residential Scheme in 1980 and vide application dated 25.2.1981 applied for allotment of a plot under the MIG category. The petitioner was issued a letter dated 18.4.1988 intimating to the petitioner that he had been provisionally allotted a plot bearing No. 11, Pocket 3, Block C, Sector 11, Rohini Residential Scheme measuring 60 sq. mtrs. at a total premium of Rs. 24,600/- and calling upon the petitioner to deposit the balance amount. The petitioner deposited the balance amount on 19.5.1988 and submitted the requisite documents. The petitioner submitted a copy of the sale deed dated 1.5.1973 in favour of the petitioner in respect of plot No. F-7/ 10, Model Town, Delhi. This plot measures 77.68 sq. yds. (64.4 sq. mtrs.). The sale deed shows the existing structure, which included tenanted shop on the ground floor. A copy of the sanctioned plan, which was submitted vide letter dated 24.10.1990, shows that the ground floor was to be constructed for shops.

(2.) The reason for filing the aforesaid sale deed was the eligibility condition No. 1(ii) of the terms and conditions of the scheme, which is as under:

(3.) The possession of the plot was, however, not issued to the petitioner as the petitioner made repeated requests for the same. The petitioner came to know in the middle of 1990 that the reason for non-handing over the plot of the petitioner was apparently the fact that the petitioner owned the other property of which sale deed had been submitted. The petitioner vide letter dated 13.9.1990 pointed out that the plot in question was less than 65 sq. mtrs., which was the disqualification and that the plot was meant for residential-cum-commercial use. The petitioner submitted the sanctioned plan and key plan vide letter dated 24.10.1990.