KML GOSWAMI Vs. LT GOVERNOR OF DELHI

JUDGEMENT

(1.) In this writ proceeding the petitioner has challenged the impugned action of respondents/DDA in demanding an amount of Rs. 3,43,000/-, by its communication dated 26th November, 1991 on account of the request for change of allotment to a different floor which was acceded to by it.

(2.) The facts are narrow and undisputed. The DDA had formulated the New Pattern Registration Scheme in 1979. The petitioner got himself registered in the scheme and on 3rd July 1990, he was held entitled to a flat in the second floor in Block C, Pocket , for a MIG flat in Shalimar Bagh. The allotment price indicated in the demand-cum-allotment letter dated 1st October, 1990 was Rs. 1,84,100/-. The petitioner was unable to deposit the amount; he requested for extension and modification of the payment terms which was apparently acceded to.

(3.) The petitioner's wife was apparently unwell and, therefore, he found it difficult to accept the said second floor flat. Accordingly, he requested the Vice-Chairman for change of the floor from second to first floor on 29th October, 1990. The request was acceded to on 22nd October, 1990 and subsequently a demand-cum -allotment letter was issued on 26th November, 1991. This demand-cum -allotment letter indicated a new cost, namely, Rs. 3,43,000/-. The differential has been challenged in these proceedings.