DELHI DEVELOPMENT AUTHORITY Vs. SMT. CHARANJIT

JUDGEMENT

(1.) THIS is an appeal filed by the Delhi Development Authority (DDA). The present appellant is aggrieved by the impugned order and judgment dated 9th April, 2013 delivered by the learned Single Judge allowing the respondent's writ petition. The impugned judgment directed the DDA to allot a fresh demand -cum -allotment letter in respect to a flat bearing No. 144 (Third Floor), Category II, Madipur, in view of another plot which had been allotted to her, which the Court found to be in uninhabitable condition.

(2.) THE respondent herein had applied for allotment of a MIG flat with the DDA Housing Scheme, 2008 by depositing the registration deposit; she was issued with an allotment -cum -demand letter on 23.11.2009 in respect of Flat no. 158, Third Floor, Peera Garhi at a total cost of Rs. 28,27,828/ -. After adjusting the initial deposit, the amount payable was Rs. 26,77,828/ -. The petitioner alleged that the plinth area of the demised flat was less than what was represented by the DDA and that when she visited the plot, she discovered that the whole block was ruined and in dangerous condition and that in fact steel pillars had been erected by the DDA to support the columns/beams. The writ petitioner approached the High Court after unsuccessfully representing to the DDA for allotment of another plot in the west zone area, in Madipur or Peeragarhi flats, that were vacant and available with the DDA for allotment. While entertaining the petition, the Court granted an interim order subject to the writ petitioner making payment within a specified time. The DDA likewise, was directed to carry out necessary repairs.

(3.) IT is argued by the learned counsel for DDA that the learned Single Judge fell into an error in proceeding on the basis that the photographs showed that the allotted flat was in extremely dilapidated condition and uninhabitable. The learned counsel also highlighted the fact that the DDA had in fact inspected the premises and the report was made available to the writ petitioner. It was further submitted that the photographs placed on record by the petitioner in fact pertain to some other locality i.e. Paschim Vihar apartments and not of Peera Garhi where the allotted flat was located. It was further submitted that even if the learned Single Judge's order is allowed to stand, other such like demand for change of allotment could be made, causing undue pressure on the DDA.