INDER LAL Vs. DDA

JUDGEMENT

(1.) THE petitioner before this Court got himself registered with the respondent-DDA under its New Pattern Registration Scheme (NPRS), 1979, for allotment of an MIG flat. The flat bearing No. 269-B, Block J&K, Type-E, First Floor, Dilshan Garden, came to be allotted to him in the draw of lots held on 19.05.1985. Since the petitioner was not interested in the above-referred allotment, he applied to DDA to allot a vacant flat in Pitam Pura, Shalimar Bagh or Rohini to him, since his wife was under treatment of a doctor in Shalimar Bagh. The said request was rejected by DDA vide letter dated 04.08.1986, followed by letter dated 17.10.1986. Vide application dated 14.01.1987, the petitioner again wrote to DDA that the allotment at Dilshan Garden was not acceptable to him and he had no objection if his name was brought at the end of priority list for fresh allotment. Pursuant to the request made by the petitioner, DDA informed him, vide letter dated 19.02.1987, that the allotment of the aforesaid flat had been cancelled, but his registration would be kept intact though his seniority would be at the tail end of the seniority list.

(2.) THE subsequent request of the petitioner for making a fresh allotment to him were considered by a committee of DDA. The petitioner appeared before the said committee, which agreed to allot another MIG flat to him under tail-end policy in the next mini draw. The said decision of the committee was accepted by the petitioner, who agreed to withdraw the writ petition, which he had filed in the meanwhile. Pursuant to the recommendations made by the said committee, another flat bearing No. 473 in Sector A-10, Pocket-2, Narela came to be allotted to the petitioner, in the draw of lots held on 05.01.2010. An allotment letter dated 12.04.2010-18.04.2010 was then issued to the petitioner, requiring him to deposit a net initial amount of Rs 6,09,666/- on or before 17.06.2010. The aforesaid amount could also be deposited up to 15.10.2010, subject to payment of interest stipulated in the demand-cum-allotment letter. Clause 12 of the said letter provided for automatic cancellation if the initial deposit was not paid by 15.10.2010. In addition to initial deposit, the petitioner was also required to pay the balance price of the flat in 120 monthly instalment of Rs 11,954/- commencing 10.08.2010.

(3.) THE learned counsel for the petitioner has drawn my attention to the Circular dated 25.05.1995, issued by DDA, which, to the extent it is relevant, reads as under:- "Vice Chairman, DDA is pleased to approve modification, based upon recommendations made by Dr. Anand Committee, in respect of various items relating to discharge of work in Housing Department, DDA as under:-