SUDHIR AGGARWAL Vs. D.D.A.

JUDGEMENT

(1.) On 1.3.2010, the respondent- DDA advertised in the newspaper for sale of various built-up commercial units. The petitioner before this Court also purchased the tender document and submitted a tender to DDA for purchase of commercial unit number 108 situated in Paschim Vihar, New Delhi. As per the tender documents, the area of the aforesaid shop/unit was 23.29 square metres. The tender of the petitioner for purchase of the aforesaid shop for Rs.20,25,000/- as against the reserved price of Rs.18,63,200/- was accepted by DDA and a demand letter was issued to him after adjusting the earnest money which he had already deposited with the tender. On receipt of the demand letter, the petitioner visited the aforesaid shop on 30.4.2010 and noticed, at that time, that the actual area of the aforesaid unit was only 18.37 sq. meter. In his representation dated 30.4.2010 to DDA the petitioner claimed that the area of the aforesaid shop was short by 3 square meters. He, therefore, sought revaluation of the aforesaid shop and re-issuance of the demand letter accordingly. This was followed by a letter dated 20.5.2010 whereby the petitioner deposited entire balance amount of Rs.15,18,795/- with DDA, but again making a request of re-measurement fo the shop on the ground that the area was short by 3 square meters. Since no re-measurement is forthcoming from DDA, the petitioner is before this Court seeking the following reliefs:

(2.) In its counter affidavit, the respondent DDA has claimed that the plinth area of the unit given to the petitioner, as advertised by it was 23.29 square meters and same is the actual plinth area of the said shop.

(3.) Vide order dated 29.4.2013, this Court directed the concerned Executive Engineer to visit the aforesaid shop, measure the same in the presence of the petitioner and verify as to what actually is the plinth area of the said shop, as per the norms of the DDA. He was also required to give in his report the carpet area of the shop. A perusal of the report submitted by the Executive Engineer of DDA would show that the carpet area of the shop in question is 18.86 square meters whereas its plinth area is 20.97 square meters.