SUBHASH CHANDER GUPTA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) .By way of this petition, the petitioner seeks quashing of the demand raised by the respondent on account of interest and restoration charges and to issue directions to the respondent to deliver possession of the Plot in Rohini Residential Scheme, Delhi.

(2.) .On 17.5.1993, the respondent demanded a further sum of Rs.1,65,065/- from the petitioner in respect of plot No.02, pocket No.16, Sector 20, Rohini Residential Scheme, Delhi whereas the plot number allotted to the petitioner was in Pocket No.15 in Sector 19. It is stated that the sum of Rs.1,65,065/- was demanded in respect of a plot which was never allotted to the petitioner. The petitioner did not deposit the amount and instead pointed out the discrepancy in the number of sector and the pocket to the respondent and requested for issuance of a fresh demand-cum-allotment letter with correct plot number. On 29.3.1996, the petitioner was asked to deposit the balance 85% of the premium amount @ Rs.1650.65 per sq. mtr. amounting to Rs.1,65,064/- besides balance of 15% payable at the time of delivery of possession amounting to Rs.49,520/-. The petitioner deposited the aforesaid amounts on 20.5.1996 and 21.5.1996 respectively. Thereafter, on 30.5.1996, the petitioner demanded for possession of the plot but the possession was not given.

(3.) .It is further stated that vide letter dated 30.6.1997, the petitioner was again asked to deposit a sum of Rs.1,32,860/- comprising of interest of Rs.92,849/- and restoration charges of Rs.40,000/-. On 23.8.1997, the petitioner represented to the respondent challenging the right of the respondent to claim the further amount of Rs.1,32,860/-. On 29.8.1997, the petitioner submitted further documents in order to seek possession of the plot. However, the possession has not been handed over to the petitioner.