SATAYBIR SINGH Vs. D D A

JUDGEMENT

(1.) The writ petitioner seeks a quashing order in respect of two demands by the Delhi Development Authority ("DDA") dated 27.11.2003 and 07.12.2004 for a sum of Rs.2,13,994/- towards interest on alleged late payment. During pendancy of these proceedings, the original petitioner died, and his widow, as was substituted as legal representative.

(2.) The petitioner was an employee of the DDA; he was registered under the Ambedkar Awas Yojana, framed in 1989, for allotment of a flat. In December, 1999 a flat was allotted; the cost demanded was Rs.6,74,085/-. In terms of the demand, the petitioner paid a confirmation deposit of Rs.20,000/- on 20.01.2000, i.e. within stipulated time. He also sought release of House Building Advance to the time of Rs.2,40,000/- on 17.01.2000. Some queries were raised, to which he replied, and the matter ended. The DDA issued a memo on 03.04.2000 requiring the petitioner to submit proof of GPF savings, and the details of sources from which he proposed to pay the amount of Rs.2,24,000/-; he furnished the particulars on 29.06.2000. Again, on 03.09.2000 further queries were made about financial status of his friends from whom the loan was being sought; these particulars were furnished on 14.09.2003.

(3.) The HBA was sanctioned by DDA's order dated 09.06.2003; this was conveyed to him on 20.06.2003. The Petitioner, in his application dated 06.09.2003 disclosed the payment of Rs.3,00,000/- from his GPF account and from his wife's account. In the meanwhile, on 16.10.2000, DDA issued a show-cause notice alleging non- compliance with the demand, and proposing cancellation of the allotment. Upon the Petitioner's representation, it relented, and made the impugned demand.