T P OBEROI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner in these proceedings under Article 226 of the Constitution of India, claims a quashing order in respect of the communciation of the Delhi Development Authority (the respondent in the proceedings, hereafter called "DDA") declining his request for conversion of a flat into free hold property; a mandatory order, against the DDA to convert the property into free hold is also claimed.

(2.) One Subhash Chander Gupta (hereafter "the allottee") registered himself in a plan known as the "Fifth Self Financing Scheme" (hereafter, SFS) framed by the DDA, for allotment of flats. During pendancy of his registration, DDA introduced a policy for conversion of its flats and properties from the existing leasehold rights into free hold rights, in 1992. The DDA allocated a flat in the SFS in March, 1993 to the allottee; he appears to have transferred his rights in favour of one Ms. Shubhadra Anand, in June 1993, who paid all the instalments demanded, till 1996. Ms. Anand then transferred her rights to the petitioner's wife, on 14-5-1996; the latter transferred her rights to the petitioner, and executed a deed of Power of Attorney in his favour on 16-12- 1998. The fifth and final instalment towards cost of the flat was demanded by DDA in 2000; the petitioner deposited the charges. The total disposal cost of the flat was Rs. 9,28,500/-. The final demand letter stated that "Cost of flat (including the free hold charges ) Rs. 9,28,500/-"

(3.) The DDA declined to hand over possession of the flat to the petitioner, apparently on the ground that he was not the original allottee. He then relied upon the conversion policy of the DDA, and approached this court for relief. While disposing off the writ petition ( CW 5858/2001) this court held as follows, on 24-9-2001: