KANWAR KUMAR MEHTA Vs. LT GOVERNOR DELHI

JUDGEMENT

(1.) At the first blush the question that has arisen in this batch of writ petitions may appear to be sue generis. But on a close examination and analysis of the principles enunciated by the Courts in England and India, the principles applicable could be brought under the rubric of the well known principle of 'equity'.

(2.) Before we notice the facts necessary, the point that has to be considered in this case is that if two innocent persons are to suffer by the act of a third party by obtaining orders of Courts preventing one of two innocent persons from acting, who is to suffer the loss.

(3.) It is contended by the petitioners that they are entitled to the plots as per the draw of lots held by the D.D.A, on the basis of value fixed by it and the D.D.A. ought to have issued the demand-cum-allotment letter within a reasonable time from the date of draw of lot and inasmuch as it was not done the D.D.A. is not justified in demanding a higher amount than what it was entitled to demand.