SUDHIR KUMAR SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The appellant registered himself under the HUDCO Scheme in the year 1979 and deposited the initial amount of Rs.4,500/-. The appellant was given priority no.8759 for MIG flat but claims that no communication was received by him allotting any specific flat. It is alleged that in the month of May, 1990, the appellant read a newspaper report in `Hindustan Times' dated 06.05.1990 stating that allotment of flats have been cleared up to priority No.8838, which was higher than the priority number of the petitioner. The appellant thus approached the respondent to collect his allotment-demand letter. In terms of the said letter, the appellant was allotted MIG flat No.9432, First Floor, Pocket B, Dilshad Garden on hire-purchase basis at the disposable cost of Rs.1,89,300/-. Since allotment was on hire-purchase basis, the appellant deposited the initial amount of Rs.33,865.96 on 05.12.1990.

(2.) At the stage when the appellant was to take possession of the flat, it came to notice that the flat was already occupied by another allottee. This problem arose on account of double allotment. The respondent allotted in place of original flat another flat on 22.01.1991 bearing No.137-B, First Floor, Mansarovar Garden, Delhi. The disposable cost of this flat was Rs.2,74,000/- and the appellant was required to deposit a sum of Rs.51,158.48 less the amount already deposited. The appellant, however, protested against the same.

(3.) The appellant ultimately filed a writ petition bearing No.1347/1997 which was dismissed on 24.04.1997 on account of delay and laches on the part of the appellant in approaching the Court.