SANGITA DHINGRA SEHGAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This writ petition Under Article 226 of the Constitution of India challenges a notice dated 18-11-1998, issued by the Delhi Development Authority (DDA) demanding an amount of Rs. 27,11,975/- towards allotment of a Self Financing Category (S. F. S.) flat in Motia Khan, Delhi.

(2.) The petitioner had applied for the allotment of an SFS category flat in 1983. She paid installments demanded by DDA. On 15 March 1985, an announcement was made by the DDA that owning to certain unforeseen circumstances, construction of those flats was held up. On the 23rd of October 1997, after a lapse of about 12 years, a Press report was published, stating that out of the original 119 alottees of the Motia Khan SFS category flats, only 84 could be given physical possession. The petitioner approached this Court under Article 226 of the Constitution of India by filing W. P. 5294/97. The court had directed that one flat ought to be reserved, to await final orders in the proceedings. On 25th September 1998, the Court recorded the DDA's statement that Flat Number 402 was available. The court therefore, directed DDA to allot it to the petitioner. Pursuant to the direction, DDA issued the impugned allotment letter, demanding the sum of Rs 27, 11, 975/-.

(3.) The petitioner's grievance is that the DDA has demanded huge amounts after having made her wait for an unreasonably long period of time. She had made all the payments demanded, immediately after registration and the issuance of an allocation letter. It is averred that a total amount of Rs. 1,69, 628/-demanded by the DDA had been deposited by January 1984 itself. The subsequent delay which ensued was entirely on account of the DDA's fault; the petitioner could not be penalised for it. It is averred that the petitioner, a judicial officer and a member of the Delhi Higher Judicial Service, is bound by conditions of service embodied in rules framed in that regard. These conditions of service prescribe a ?ocost ceiling limit ? of Rs 18, 00, 000/- (Rupees eighteen lakhs only) for residential houses that can be owned by such officials.