C.P. INASU Vs. DDA

JUDGEMENT

(1.) The present writ petition is directed against the illegal and arbitrary action of the Respondent, Delhi Development Authority in allotting the flat No.B-5/9, Sarai Khalil under NPR Scheme, 1979 to the Petitioner despite being aware of the fact that the said flat already stood allotted in favour of one Mr. Satish Kumar Bhatia and against its inaction in not allotting a fresh MIG flat to the Petitioner in lieu of the wrong allotment made to him.

(2.) The Respondent in the year 1979 floated a residential scheme under the name of New Pattern Residential Scheme for allotment of flats, including MIG flats. The Petitioner applied for a MIG flat under the said Scheme and by depositing a sum of Rs. 4,500/- got himself registered under the Scheme vide challan dated 8th September, 1979 (Annexure P-1). On 18.03.1980, on receipt of the sum of Rs. 4,500/-, the Respondent issued a certificate of registration, thereby clearly certifying that the Petitioner stood registered at serial No.4489 (Annexure P-2). The Petitioner also got himself registered with the Respondent under a Scheme for priority allotment to the retired/retiring public servants. Copy of the receipt dated 10th March, 1997 acknowledging the receipt of the Petitioner's application is enclosed with the writ petition as Annexure P-3.

(3.) On 08.07.1997, after a long wait of 18 years, in a draw of lots held by the Respondent, the Petitioner was allotted a MIG flat, being flat No.B-5/9, Second Floor, Sarai Khalil, New Delhi. An allotment letter with block dates 25.09.1997 30.09.1997 was issued to the Petitioner informing him thereby that the aforementioned flat stood allotted to him as a result of the draw of lots held by the Respondent on 08.07.1997 (Annexure P-4 to the writ petition). On the same day, a demand letter demanding a sum of Rs. 5,81,683.75 towards the cost of the flat was issued to the Petitioner. The last date for intimating the confirmation of the acceptance of the allotment and for making the payment of the abovementioned sum towards the cost of the flat was fixed as 30th October, 1997 by way of the said letter (Annexure P-5).