TARLOCHAN SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner through the present writ petition has prayed for quashment of the order dated December 5,1988 whereby the respondent cancelled the allotment of Flat No.50, Pocket R, Dilshad Garden, Delhi, which was allotted to him in Dilshad Garden Residential Scheme under LIG Category.

(2.) Brief facts which led to the presentation of the present petition are as under: that the petitioner is a poor person. He is also physically handicapped. The petitioner applied to the respondent under the New Pattern Group Housing Scheme 1979 for allotment, of an LIG Flat. The petitioner de- posited a sum of Rs. 1500.00 in connection therewith on September 4,1979 which was subsequently- to be adjusted towards the cost of the flat allotted to the petitioner ( vide Annexure P-2). The application of the petitioner was registered at Sr. No. 1127 ( vide Annexure P- 3). The petitioner thereafter received allotment cum demand letter dated 16/17th March, 1988 ( Annexure-1) whereby the petitioner was informed that he had been allotted a flat in Pocket -R, Flat No.50 on the second floor, Dilshad Garden, Delhi. The respondent demanded a sum of Rs. 82,300.00 minus the amount already deposited. The last date of the deposit of the said amount was June 15,1988.

(3.) The petitioner thereafter approached the respondent that the petitioner was a riot victim and a very poor person. Besides that he was also suffering from physical disability. Consequently he requested the respondent to change the mode of payment from cash down to hire purchase. He further requested the respondent that the second floor be changed to ground floor in the same colony ( vide Annexure P-4). The petitioner moved the respondent over again through a letter dated June 10,1988 and requested the respondent to grant further time for making the payment of the amount mentioned in the allotment cum demand letter dated March 17,1988. Subsequently the petitioner was informed vide letter dated June 17,1988 which was received by him on June 22,1988 that he was free to make payment of the 50% of the total consideration on cash down basis and the remaining amount he might clear in four equal monthly instalments along with interest by June 15,1988 ( vide Annexure P-6).