LAWS(DLH)-2004-5-53

DINESH KUMAR SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

Decided On May 12, 2004
DINESH KUMAR SHARMA Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) The petitioner has filed the contempt petition alleging violation of the order dated 21.1.2003 in Civil Writ Petition 6455/1999.

(2.) The petitioner had been allocated a Category III flat on the ground floor in Pocket 2 and 3 Block B, Vasant Kunj and on the petitioner depositing the first four installments, the petitioner was allotted a specific flat bearing No.2353. The allotment letter was, however, not issued to the petitioner. The reason for the same was stated to be that the petitioner had not completed the necessary formalities for mutation of the flat in his name which was originally booked by his father under the scheme and who had passed away. Subsequently, the demand letter was issued at fresh cost. Since the petitioner was not found at fault, the fresh demand letter was quashed and a writ of mandamus was issued to issue a demand letter in terms of the directions contained in the order.

(3.) The fresh demand letter was issued on 7.4.2003 in compliance of the said order for the flat in question and the petitioner deposited the amount. The Conveyance Deed was also issued to the petitioner for getting it duly stamped which was got done by the petitioner though the same was not apparently executed and registered yet. The possession letter was issued on 18.8.2003 for the petitioner to take physical possession but on going to the site on 22.8.2003, the flat was found to be occupied. The petitioner thus filed the contempt petition.