OM PRAKASH SAPRA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner got himself registered under Sixth Self Financing Housing Registration Scheme ­ 1985 of DDA for allotment of a Category-II flat. On the turn of the petitioner maturing, a Category-II SFS Flat on the ground floor in Block-7, Dwarka came to be allotted to the petitioner in the draw of lots held on 6.12.1991. A Demand-cum-Allocation Letter bearing block dates 26.12.1991 ­ 31.12.1991 was issued to the petitioner, requiring him to pay 90% of the estimated cost of the flat in four half yearly instalments by 31 st July, 1993. The petitioner deposited three installments within the time stipulated in the Allocation Letter whereas the fourth installment was deposited late. Subsequently, on a representation made by the petitioner, the Restoration Committee of DDA in its meeting held on 27th October, 1999, condoned the delay in making payment in respect of the aforesaid flat and restored the allotment. A second flat bearing Flat No.31A, Ground Floor, Category-II, Sector-7, Pocket-2 of Dwarka came to be allotted to the petitioner in the draw of lots held on 24 th December, 1999. A Demand-cum-Allotment Letter dated 22nd March, 2000 was issued to the petitioner requiring him to deposit the amount mentioned therein on or before 19 th July, 2000. According to DDA, the aforesaid letter was duly dispatched to the petitioner and was not received back unserved. Instead of making deposit in terms of the said letter, the petitioner, vide his letter dated 17th April, 2000, informed DDA that since he had already requested, vide his letter dated 10th January, 2000, to cancel the aforesaid allotment and a fresh allotment was sought in Sector-7, Pocket-1 or Sector-6, Pocket-1 on the ground floor, the demand may be reconsidered. This letter written by the petitioner is a clear indication that the Demand Letter dated 22nd March, 2000 had been received by him though he referred to the said letter as challan in his letter dated 17th April, 2000.

(2.) DURING processing of the file, it was discovered by DDA officials that Flat No.31A, Ground Floor, Category II, Sector-7, Pocket-2, Dwarka had, in fact been allotted to one Shri Rakesh Kumar, before it came to be allotted to the petitioner. Accordingly, with the approval of Commissioner (Housing) of DDA, it was decided to allot Flat No.19A, Ground Floor, Category-II in Sector-7, Pocket-2 of Dwarka to the petitioner and an intimation in this regard was sent to him on 10 th November, 2000.

(3.) SINCE Flat No. 31A, Ground Floor in Sector-7, Pocket 2 had been allotted to one Rakesh Kumar, before it came to be allotted to the petitioner, it was a mistake on the part of DDA to have issued a Demand Letter dated 22nd March, 2000 in respect of the said flat for the simple reason that even if the petitioner was to deposit money in terms of the said letter, that would have made no difference because DDA was not in a position to hand over possession of said flat to the petitioner, the same having already been allotted to Shri Rakesh Kumar. Therefore, it would be unjust and unreasonable to penalize the petitioner for not making payment of the fifth instalment in respect of a flat which had already been allotted to another person and possession of which could not have been delivered to the petitioner.