DEVINDER SINGH SAINI Vs. D.D.A.

JUDGEMENT

(1.) The Petitioner who was allotted Flat No.1, Ground Floor, Yamuna Block- 7, Pocket D-6, Vasant Kunj, New Delhi has approached this court with a petition under Article 226 of the Constitution of India with the prayer which is extracted hereunder:-

(2.) The Delhi Development Authority (the DDA) floated "DDA Housing Scheme, 2010". The scheme closed on 24.12.2010. The Petitioner applied for allotment of an LIG flat under the aforesaid scheme and deposited the registration amount of '1.50 lacs. His joy knew no bounds when he was declared successful in the draw of lots held by the DDA on 18.04.2011 and he was allotted a flat bearing No.1, Yamuna Block-7, Pocket D-6, Vasant Kunj, New Delhi. As per the terms of allotment contained in the brochure issued by the DDA, an allottee was liable to make the payment of the price of the flat within 90 days from the date of issue of the demand letter, without interest. Thereafter, the allottee was liable to deposit the amount within a further period of 90 days along with interest @ 15% p.a. compounded on 31st March. It was provided in the brochure that if the payment was not made within 180 days including the interest from the date of issuance of the demand letter, the allotment of the flat was liable to be cancelled automatically. The possession letter was to be issued within a period of 45 days of making the payment.

(3.) Clause 17 of the brochure further provided that the allottee was entitled to take delivery of the possession only after making full payment. There was a further obligation to take the possession of the flat within a period of three months from the date of issuance of possession letter. Clause