RANU BALI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Delhi Development Authority (DDA) was constituted under the Delhi Development Act, 1957 (hereinafter to be referred to as 'the said Act') with the avowed object, unfulfilled as it may be, for the development of Delhi according to plan and for matters ancillary thereto.

(2.) In order to meet the requirements of housing needs of the residents of Delhi, vast strips of land were acquired and placed at the disposal of DDA for its housing projects. The DDA propounded various schemes for construction of dwelling units. One mode was to allot the flat after carrying out construction and registration under the scheme was based upon the economic condition of the registrants. Under this scheme, Higher Income Group (HIG), Middle Income Group (MIG), Lower Income Group (LIG) and Janta flats were constructed and thereafter sold to the registrants. The number of registrants were much higher than the original number of flats envisaged to be constructed and, thus, periodically draw of lots had to be held from time to time to make the allotment.

(3.) The DDA simultaneously adopted another mode of construction of flats where registrants were financial participants in construction of the flats by contributing funds from time to time. These were the self-financing schemes (SFSs). The allottees were registered under these schemes and draws of lots were held, since under these schemes also the number of registrants were far beyond expectation and the immediate construction ability of the respondent DDA. The registrants, who were successful in draws of lots, were issued allocation letters allocating the particular category of flat in a locality and zone. Thus, it was a mere matter of chance as a result of the draw as to in which area, the allottee would be allocated the flat. Pursuant to these draws, allocation letters were issued specifying the terms and conditions specifically, which were already set out in the brochure and the rules and regulations applicable as framed under the said Act. However, no specific flat number was assigned at that stage and the allottee only knew that he was to get a flat on a particular floor in a particular locality, zone and area.