DELHI DEVELOPMENT AUTHORITY Vs. RAJINDER KUMAR VERMA

JUDGEMENT

(1.) This appeal is directed against the order dated 7.4.1995 passed by the learned Single Judge in C.M. No.4484/1993 in C.W.No-1578/1989 directing the appellant to allot shop No.3 in Shopping Complex, Ber Sarai, New Delhi to the respondent No.l at the rate which prevailed in the year 1988 when the original allotment was made.

(2.) The facts leading to filing of the writ petition by the respondent No.l are that some land belonging to the grand father of respondent No.l was acquired by the appellant and it was agreed upon between the parties at the relevant time that a residential plot and a shop at Shopping Complex at R.K.Puram, Sector VI, would be allotted by the appellant to respondent No.l. The grand father of respondent No.l having died in the meantime, the respondent No.l applied for mutation in respect of the plot as well as the shop. The mutation was allowed in respect of the plot whereas the allotment of the shop was cancelled by letter dated 28.10.1988 for non-submission of the land acquisition certificate in the name of respondent No.l.

(3.) Accordingly, the writ petition was filed seeking a direction to the appellant to restore shop No.39, Sector 6, R.K.Puram, New Delhi. After hearing the parties, the writ petition was allowed on 14th November, 1994. The learned Single Judge directed that the aforesaid shop No.39 at Sector 6, R.K.Puram, New Delhi be restored to respondent No.l. It was also directed that in case the aforesaid shop was not available for restoration the appellant would inform the court so that some other shop could be allotted to respondent No.l in lieu of the shop in question.