ASHOK KUMAR BEHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Delhi Development Authority (hereinafter referred to as DDA) announced a scheme called 'the registration scheme on New Pattern 1979' of intending purchasers of flats to be constructed by the DDA. The object of the scheme was to reduce the sale price of Middle Income Group/Lower Income Group (for short MIG/LIG) and Janta flats so as to be within the reach of the common man. To facilitate

(2.) According to the petitioners on 18th February, 1991 draw of lots in respect of allotment of flats under the scheme took place for them. Clause 9 of the scheme is important and is reproduced here below:-

(3.) Another salient feature of this scheme was that 40 per cent of the MIG flats were to be allotted on cash down basis and 60 per cent of the flats on hire purchase basis. LIG/Janta flats ware to be disposed of on the basis of 25 per cent on cash down basis and 75 per cent on hire purchase basis. In case of flats allotted under hire purchase basis, the cost of the land plus 20 per cent of the balance cost of the flat was to be recovered as initial deposit at the time of allotment and balance amount was to be recovered in monthly instalments spread over a period of 7 years in case of MIG, 10 years in case of LIG and 15 years in case of Janta flats, though in this writ petition the challenge is not on-cash down or hire purchase scheme or its non-implementation by DDA.