SHASHI PAHUJA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This petition is filed for seeking issuance of writ of certiorari and/or mandamus or any other writ, direction or order for quashing an arbitrary demand raised by Delhi Development Authority from the petitioner in respect of Flat No.22, First floor in Sector III, Pocket 23, Rohini under MIG category and for a direction to DDA to charge a reasonable rate of interest on the sale price.

(2.) The allegations are that the DDA had introduced "Registration Scheme on new Pattern 1979" of intending purchasers of flats to be constructed by the DDA in the year 1979. The petitioner got herself registered under the scheme and deposited Rs.4500.00 on 13.10.1979, which amount was adjustable towards the price of the flat. The DDA issued a Brochure, Annexurc-III under the Scheme according to which the price of the MIG flat was tentatively shown at Rs.42,000.00 . 112 flats were accordingly constructed in Pocket-23 and completed in 1987. The petitioner, however, was un-successful in the draw of lots held in the years 1987, 1988, 1989 and 1990. She, however, succeeded in the draw of lots on 18.2.1991. But she was asked to pay Rs.3.65,300.00 in all. Many of the persons who were allotted similar flats in 1987 were asked to deposit a sum of Rs.l,50,194/50 in all as is clear from Annexurc-IV. which is the allotment letter in respect of Smt.G.Rohini Sundram, and Annexure-V in favour of Shri Ram Lal Bhandari.

(3.) The stand of the DDA in the counter affidavit is that the increase in the price of the flat allotted to the petitioncr is due to incrcase of price in construction, building material and labour etc. and that the same amount had been correctly charged from the petitioner on No Profit, No loss basis. The allegation that flat allotted to the petitioner was also constructed in 1987, stands admitted in the counter affidavit.