SUSHEEL KUMAR JAIN Vs. DDA

JUDGEMENT

(1.) THE petitioner Mr Susheel Kumar Jain got himself registered for allotment of a residential flat from DDA under its New Pattern Residential Scheme, known as NPRS, 1979. In a draw of lot held on 1.6.1987, a residential flat bearing number 114 -B, in Pocket -F at Nand Nagri was allotted to him and a demand -cum -allotment letter bearing Block Date 7.7.1987 - 15.7.1987 was issued to him. The total cost of the flat sought to be charged from the petitioner was Rs. 1,41,800/ -. Since the allotment was made on hire -purchase basis, the petitioner was required to make payment of an initial sum of Rs. 2,73,88.79 which was to get enhanced in case of delay in making payment and the last date for making the payment was 13.10.1987, the amount to be paid on or before 13.10.1987 being Rs. 28073.50. In addition to the initial payment, the petitioner was also required to pay 120 installments of Rs. 1675.58, per month, commencing 10.9.1987. He was also required to pay the ground rent after two years, the amount of ground rent being Rs. 130/ -. The petitioner deposited Rs. 31424.66 with the respondent on 12.10.1988 comprising Rs. 28073.50 towards initial deposit and Rs. 11351.16 towards two monthly installments. This was followed by the deposit of Rs. 21782.54 on 19.11.1988 towards installment for the period from 13.10.1987 to 13.11.1988. The documents required in connection with the aforesaid allotment were submitted by the petitioner to DDA on 17.8.1989. However, the said allotment came to be cancelled by DDA solely on account of non -submission of requisite documents. Nonpayment of hire -purchase installment for the period subsequent to 13.11.1988 admittedly was not the ground of cancellation of allotment. On representation made by the petitioner, a fresh allotment was made to him vide allotment letter dated 13.10.2004 at the total cost of Rs. 830820/ -. After giving adjustment for the initial registration amounting to Rs. 4500 and interest on that amount, a demand letter for Rs. 818596.23 was issued to the petitioner. The last date for making payment in terms of this letter was 11.4.2005 and in case the payment was made between 13.3.2005 to 11.4.2005, the deposit had to be of Rs. 848889.07, the balance between the amount of Rs. 818596.29 and Rs. 848889.07 being the interest for the intervening period. The petitioner did not make payment in terms of second allotment letter and requested DDA to allot flat to him at the previous rate. He also sought adjustment for the previous payment made by him, which had not been adjusted in the second allotment letter, along with interest on that payment. Since DDA failed to comply with his request, this writ petition was filed on 31.3.2006 seeking the following reliefs:

(2.) THE first question which comes up for consideration in this case is as to whether DDA was justified in cancelling the first allotment made to the petitioner solely on account of non submission of the requisite documents by him.

(3.) IN view of the decision of the Division Bench in the above referred case, the action of DDA in first cancelling the allotment solely on account of non submission of documents and then making a fresh allotment in the year 1994 at a substantially higher cost cannot be sustained.