LAWS(DLH)-1995-12-50

V G DUGGAL Vs. DELHI DEVELOPMENT AUTHORITY

Decided On December 12, 1995
V.G.DUGGAL Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) The petitioner got himself registered for allotment of a flat of MIG category under Registration Scheme of New Pattern, 1979. This was on 1.8.79. In 1991, the petitioner was allotted aflat Several writ petitions were filed challenging the costing pattern adopted by the DDA. There were two rounds of writ petitions. Ultimately, all these petitions were; dismissed consequent loan order passed by a Full Bench in Sheelawanti's case AIR 1995 DELHI 212. The allottees of the flats were allowed time for payment of the price. Instead of making the payment now the present petition has been filed submitting that basic amenities/facilities such as water, electricity and sewerage are not yet available in the area and as the respondent DDA would not be in aposition to deliver possession over the flats, the DDA be restrained from demanding the, amount from the petitioner and at the same time the allotment made to the petitioner be not cancelled.

(2.) We are clearly of the opinion that the petitioner and others like him are unwilling buyers of the flats. We have asked the learned counsel for the petitioner to show us policy/decision of the DDA or terms of the allotment, or any other provision in the Act or the Rules which would permit the petitioner withholding the payment till the time of delivery of possession over the flats by the respondent DDA. None has been shown. On the contrary, the terms and conditions accompanying the letter of allotment has clause 7 which runs as under :- "7. Issue of Possession Letter.

(3.) After full payment by the allottee and furnishing of the documents, letter of possession would be delivered to the allottee: As per term No. 7(c), the DDA is obliged to deliver possession within 15 days of the date of presenting the possession letter by the allottee. It is at that stage the allottee is expected to look into the condition of the property and record deficiency, if any.