ASHA N MADNANI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner seeks a writ of mandamus commanding respondent-DDA to allot a flat to the petitioner at the price which was fixed in the original allotment and to quash the letter dated 22.9.92 raising an escalated demand.

(2.) In the year 1979, the respondent-DDA floated ascheme for allotment of flats which was known as the Registration Scheme on New Pattern, 1979 (hereinafter 'the Scheme' for short). The leaflet containing the scheme is filed as Annexure-A. On 26.9.79, the petitioner deposited Rs. 4,500.00 seeking registration for allotment of a MIG flat. She was allotted Registration No. 23910 and Priority No. R-610. Inblock dates 23.4.90 - 27.4.90, the petitioner was allotted a flat described as 42, Ground Floor, Sector 15 Block E-2 Pocket 2, Rohini at a disposal cost of Rs. 2,09,100.00 subject to adjustment for the amount already deposited and the interest accrued thereon. The price of the flat was to be paid in 3 installments. One of the terms of the allotment was as under:

(3.) The petitioner had sought for some extension of time for payment of the installments which was allowed by the respondent-DDA. It is not disputed that the installments payable by the petitioner were all paid within the extended period of time. On 25.10.90 and 29.10.90 the petitioner submitted documents in two install- ments to the respondent-DDA. On 9.11.90, the original surrender slip was submitted to the DDA. On 26.3.91, the DDA informed the petitioner that the allotment of the flat has been cancelled due to non-payment within the due dates. It may be stated here itself that during the course of hearing the learned Counsel for the respondent-DDA conceded that though the installments were paid by the petitioner within the extended time of payment, the cancellation of allotment to the petitioner was founded and could be supported only on the ground of nonsubmission of the relevant documents by the petitioner within the prescribed period of 90 days.