KISHAN CHAND SAINI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Present writ petition has been filed challenging respondent-DDA's action of refusing to allot a plot vide letter dated 23rd October, 2012 under the Rohini Residential Scheme, 1981 to the petitioner on the ground that a flat bearing no. 131-B, First Floor, Pocket-6, Phase II, Kondli Gharoli, Delhi had already been allotted to him on 7th November, 1996. Petitioner also prays for allotment through mini draw within a time bound manner, an MIG plot against his application no. 72748 (FDR No. 20921) under Rohini Residential Scheme, 1981 as per his entitlement and policy.

(2.) It is the petitioner's case that the earlier flat allotted in Kondli Gharoli in a mini draw held on 7thNovember, 1996 was less that 67 sq. yards and he had sold it off to Smt. Kalyani Mitra Rani in 2000.

(3.) Mr. Sitab Ali Chaudhary, learned counsel for petitioner submits that the Supreme Court has categorically held in Delhi Development Authority vs. Jitender Pal Bhardwaj, 2010 1 SCC 146 that a person who owns a house or a plot less than 67 sq. mtrs. would be eligible for a second allotment.