DDA Vs. OM PRAKASH SAPRA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22.05.2013 delivered by a learned Single Judge of this court in W.P.(C) No. 151/2010.

(2.) The respondent had applied under the Sixth Self Financing Housing Registration Scheme 1985 of the DDA for allotment of a Category II flat. As per the scheme, first an allocation is made and four installments are to be cleared by the person concerned. Thereafter, a specific allotment is made after a draw of lots. Consequent upon the draw of lots and specific allotment, the allottee is directed by a demand letter to pay the fifth and final installment.

(3.) In the present case what has happened is that after the respondent applied for a flat under the said scheme, he was allocated a flat in Category II, SFS, Ground Floor in Block No. 7, Dwarka. The respondent paid the first installment in time but delayed the payments of the second and third installments. As a result, on 01.05.1997 the said allocation was cancelled. Subsequently, the respondent paid the fourth installment on 15.11.1997 and the delay in paying the installments was condoned. The learned counsel for the appellant submitted that the delay was condoned not by the competent authority but by an officer who did not have the requisite authority to do so. According to him, it was only the Lieutenant Governor who could have condoned the delay. Be that as it may, insofar as the respondent is concerned, he was informed that the allocation has been revived. The DDA also acted on the same basis and in the draw of lots held on 24.12.1999, the respondent was specifically allotted a flat No. 31-A, Ground Floor, Category II, Sector 7, Pocket 2, Dwarka. Subsequently, a demand letter was issued on 22.03.2000 for payment of the fifth and final installment. That was not paid by the respondent and that is why the appellant cancelled the allotment, according to the learned counsel for the appellant, automatically. However, it transpired that the said flat No. 31-A could not have been allotted to the respondent as that flat already stood allotted to one Rakesh Kumar. As a result, the appellant offered the respondent flat No. 19-A, Ground Floor, Category II, Sector 7, Pocket 2, Dwarka on 10.11.2000 in lieu of the said flat No. 31-A.