PROMILLA SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This petition has been filed on 10th March, 1993 by the petitioner seeking a writ of mandamus commanding the respondents to issue a letter of allotment and give possession to the petitioner of a category-III flat in Block-C Pocket-4, Vasant Kunj, New Delhi. The petitioner also seeks an order restraining the respondents from cancelling the flat allotted to the petitioner under the 5th Self Financing Scheme vide their demand-cum-allotment letter dated 15.1.88.

(2.) The petitioner got herself registered with the respondent-DDA under its 5th Self Financing Scheme for allotment of a flat by depositing an amount of Rs.15,000.00 on 21.5.82. The petitioner was declared successful for allocation of a flat vide demnd-cum- allotment letter dated 15.1.88 (Annexure-1). The flat allocated to the petitioner is situated in Vasant Kunj Block-C, Pocket-4, First Floor and is of category-III. The letter mentiones an amount of Rs.10,000.00 only as available with the DDA by way of registration deposit of the petitioner and 90% of the estimated cost of the flat is required to be paid in four instalments as per the Schedule given below :- <FRM>JUDGEMENT_247_DRJ40_1997Html1.htm</FRM>

(3.) However, the instalments were rescheduled twice. The amount of the four instalments has been paid by the petitioner - of two in time and of two belatedly. Vide para 7 of the counter the amount is admitted to have been paid as under :- <FRM>JUDGEMENT_247_DRJ40_1997Html2.htm</FRM>