RAJINDER SINGH Vs. DDA

JUDGEMENT

(1.) THE Petitioner was a successful bidder in respect of allotment of a residential plot No.69, Chowkandi, Delhi measuring 162 sq. mts. in an auction held on 21.08.2002. His bid of Rs.12,97,000/ was accepted by the DDA. The earnest money of Rs.3,24,250/ , representing 25% of the total bid amount, was deposited with the DDA on the date of the auction itself. The balance of Rs.9,72,766/ was admittedly deposited by the Petitioner in November, 2002 according to the terms of the auction and the allotment of the plot was made to the Petitioner.

(2.) AS per the terms of the allotment, the Petitioner was required to submit four copies of the unsigned lease deed along with duly stamped perpetual lease deed papers. According to the Petitioner, he did not receive the lease deed papers and, therefore, the same could not be stamped from Collector of Stamps and could not be submitted to the DDA. The Petitioner avers that it was only on 22.03.2005 when the Petitioner received a show cause notice issued by the DDA through one of his neighbours that he came to know about the non submission of lease deed papers duly stamped. The reason for the same attributed by the Petitioner is that he was temporarily working in Berlin(Germany) and, therefore, the same could not be received by him. On 07.11.2005, the Petitioner paid a sum of Rs.87,406/ to the Collector of Stamps and deposited three copies of the perpetual lease deed duly stamped with the DDA on 21.11.2005. The Petitioner alleges that he did not hear anything further in the matter and the Petitioner continued to work in Berlin.

(3.) THE Petition is resisted by the DDA by way of filing a counter affidavit. The payment of 25% earnest money and 75% balance bid amount within the stipulated period is not disputed by the Respondent DDA. The submission of lease deed papers duly stamped on 21.11.2005 is also not disputed. It is also not disputed by the DDA that all the formalities have since been completed by the Petitioner. The DDA's plea, however, is that the stamped papers and lease deed was submitted after a delay of 02 years 11 months and 09 days and the other formalities and submission of requisite documents were completed only after a period of 09 years and 20 days.