KAMLESH SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner before this Court got herself registered with allotment of an LIG plot under Rohini Residential Scheme of DDA. In a draw held on 21.09.2005, a plot bearing No. 772, Pocket-II, Block-A, Sector 30 of Rohini was allotted to her and a demand-cum-allotment letter dated 3/7.10.2005 was issued to her, requiring her to deposit the amount mentioned therein. The petitioner deposited the amount demanded by DDA in respect of the aforesaid allotment. However, possession of the said plot was not handed over to her. Vide letter dated 02.02.2012, the respondent-DDA informed the petitioner that since she owned another property bearing No. 273 in Pocket-26, Block-G, Sector 3 of Rohini, measuring 25.90 square metre, she was not eligible for allotment of another plot under the said scheme. She was further informed that the allotment made to her had been cancelled.

(2.) The grievance of the petitioner is that in view of Rule 17 of DDA (Disposal of Development Nazul Land) Rules, 1981, since the area of plot No. G-26/273, Sector 3 of Rohini, which she admittedly purchased from open market on 10.09.1982, is only 25.09 square metre, she was eligible for allotment of a plot under the Rohini Residential Scheme of DDA.

(3.) The only issue, which is involved in this writ petition, is as to whether acquisition of a plot measuring 25.09 square metre from the market, rendered the petitioner ineligible for allotment of a plot under Rohini Residential Scheme of DDA. This issue recently came up for consideration before a Division Bench of this Court in DDA vs. B.B. Jain, LPA No. 670/2012, decided on 05.03.2013 and the following view was taken: