K BHATTACHARJEE Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In the year 1979, Delhi Development Authority announced a scheme known as Registration Scheme on New Pattern of Inlending Purchasers of Flats to be Constructed by the Delhi Development Authority (hereinafter 'RSNP' or the 'Scheme'-for short). The object of the Scheme was to reduce the sale price of MIG/LIG and Janta flats so as to be within the reach of the common man with easier mode to facilitate payments. The Scheme opened on 1.9.1979 and closed on 30.9.1979. The original scheme is available on record of civil writ petitions. Salient features thereof are noticed hereinafter.'

(2.) The applicants to be eligible to apply under the scheme must not own any residential house or plot in full or in part on leasehold or freehold basis in the Union Territory of Delhi either in own name or in the name of spouse, minor and/or dependent children, dependent parent or dependent minor sisters and brothers. 2.1 The applicants were required to make deposits as under :- CATEGORY INCOME RANGE REGISTRATION DEPOSIT <FRM>JUDGEMENT_343_DRJ38_1996Html1.htm</FRM> 2.2 The income of the applicant relevant for the Scheme was relatable to the financial year 1978- 1979. The allotment of flats was to be by draw of lots like that of a financing scheme. Forty per cent of the MIG flats were to be allotted on cash down basis and sixty per cent on hire-purchase basis. The proportion in the case of LIG Janta flats was kept at 25% and 75% respectively. In case of flats allotted on hire-purchase basis, the cost of land plus 20% of the balance cost of the flat was recoverable as initial deposit at the time of allotment and balance amount recoverable in monthly instalments spread over a period of 7, 10 and 15 years respectively in case of MIG, LIG, Janta flats. 2.3. Plinth area and accommodation of the flats was also notified tentatively. It was stated that likely cost of the flats constructed under the said scheme would be Rs. 42,000.00 , 18.000.00 and 8,000.00 for MIG, LIG and Janta flats respectively. 2.4 There are a few terms of the scheme which deserve to be extracted and reproduced as under:

(3.) The Delhi Development Authority took up the construction work of the flats in a phased manner. It appears that so far as the petitioners are concerned the Delhi Development Authority started holding draw of lots and issuing allotment letters in the year 1993. The flats are situated in different localities. We are concerned with the flats located in (i) pocket-C Jhilmil Phase-II, (ii) Jasola, and (iii) Jahangirpuri. A number of petitions have been filed. They are grouped as under: Pocket-C Jhilmil Phase ll-CWPs 4859/95, 1458/95, 4640/95, 4509/95 5086/94, 706/95, 1506/95, 1507/95, 2437/94, 2438/94, 3364/94, 3365/94, 3429/94,3430/94, 3431/94 3432/94, 3921/94, 3948/94,2091/95 Jasola -CWPs 4124/94, 4244/94, 4245/94, 4246/94, 4247/94, 4248/94, 4326/94, 4327/94, 4328/94 4329/94, 4392/94, 4393/94, 4394/94, 4395/94, 4396/94, 4397/94, 4398/94,4852/94,971/95,972/95. Jahangirpuri CWPs 3548/94, 3550/94, 2837/94, 3513/94, 3515/94,3517/94,1711/94,1667/94, 1668/94,1669/94.