GURDEEP KHERA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) IN the year 1979, the Petitioner applied for an MIG flat. Since the name of the Petitioner was found missing from the priority list and the Petitioner was unaware of the allotment made to her, she (the Petitioner) wrote a letter dated 22.04.2003 to the DDA. During the period 2006 -2010, the Petitioner had been approaching the various authorities including the Deputy Director (Vigilance), Director (Housing), Commissioner (Housing) and the Lt. Governor of Delhi, who is the Chairman of the DDA. Ultimately, vide letter dated 05.03.2010, the DDA required the Petitioner to produce some documents to verify her genuineness. The Petitioner alleges that she visited the office of the DDA and contacted one Sewa Ram, Clerk in the concerned department. He refused to disclose the status of her file and refused to give any satisfactory reply. By a letter dated 14.06.2012, the Petitioner brought to the notice of the Commissioner (Housing) the ill -intention of the earlier stated Sewa Ram and ultimately in November, 2012, the Petitioner was issued a demand notice for the cost of the flat as on the date of allotment, that is, May, 2003. The allotment letter dated 02.11.2012 was issued requiring the Petitioner to deposit a sum of Rs. 15,30,430/ -. Through RTI query, the Petitioner obtained information as to the cost of the allotment when it was informed to her that she had been charged interest @ 7% per annum from May, 2003 to August, 2012, amounting to Rs. 5,88,767/ -.

(2.) THE only plea raised by the Petitioner is that since she was deprived of the flat all these years without any fault of her, she cannot be further burdened with the amount of interest charged thereon. The Petitioner also had to pay rent of the residential accommodation occupied by her during all these years which was much more than the interest, if any, earned by her on the amount.

(3.) IT is important to note that atleast since the year 2006, the Petitioner had been regularly approaching the DDA and inquiring about the status of the flat allotted to her. Not only the Petitioner was denied the allotment even after the year 2006 but she has also been made to pay interest.