DELHI DEVELOPMENT AUTHORITY Vs. DHANESH KUMAR JAIN

JUDGEMENT

(1.) C.M. NO.16748/2013 (for condonation of delay) For the reasons mentioned in the application, C.M. No. 16748/2013 is allowed. C.M. NO. 16749/2013 (for exemption) Allowed, subject to all just exceptions. LPA 792/2013 and C.M. NO. 16747/2013 1. This appeal by the Delhi Development Authority (DDA) challenges an order of the learned Single Judge dated 18.09.2012 and the subsequent order in review dated 02.08.2013. Learned Single Judge had allowed the writ petition and directed the DDA to allot plot no. 833, Pocket A -1, Sector -30, Rohini, measuring 60 sq. mts. in Rohini, Phase -IV and to hand -over possession within one month, after completion of formalities.

(2.) THE necessary facts are that the respondents applied for allotment of a plot under the MIG category under the Rohini Residential Scheme, formulated in 1981 by the DDA; it is also conceded that he deposited the Registration Amount. Pursuant to a draw, he was allotted the plot in question on 26.07.2004. The respondents requested the DDA to transfer the plot to his son, the second petitioner, who deposited the required documents as well as the amounts. The amounts demanded were deposited by 28.12.2004. On 07.04.2006, the first petitioner, the original applicant and allottee was issued with a Show Cause Notice stating that he was ineligible for the allotment and asked to reply why the allotment made in his favour be not withdrawn and the registration cancelled.

(3.) THE DDA argued that the allotment was liable to be cancelled because the original allottee/applicant had acquired a property in his name ­ even though from the open market, through a Power of Attorney/sale transaction. It is contended that this offended the essential eligibility criteria spelt -out in Clause 1(II) of the brochure governing the Scheme. Same is in the following terms: