M L WATTAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner registered himself with the Delhi Development Authority ('DDA') for allotment of an MIG Flat under the HUDCO 1979 Scheme. In response to an advertisement inviting applications for allotment of flats from retired persons, the petitioner submitted an application to the DDA on 20.7.1989. He was informed by the DDA by a letter dated 23/27.4.1990 that he had been allotted a flat in Rohini on the second floor at a cost of Rs.2.11 lakhs and he was asked to make payment of Rs. 39,898.78 by 25.7.1990 and the balance in 120 equal monthly instalments.

(2.) Since his wife and aged mother had health problems, the petitioner made a representation on 29.3.1990 to the Lt.Governor (who is also the Chairman of DDA) for change of allotment from the 2nd to the ground floor. Meanwhile he made the payment of Rs.39,898.78 on 25.7.1990 towards the Rohini Second Floor flat to avoid cancellation. He made second representation on 25.7.1990. According to the petitioner, although the Lt.Governor had accepted his request and ordered on 18.5.1990 that the petitioner be allotted a first floor flat, no action was taken by the DDA till December 1990. Meanwhile a third representation was made by the petitioner on 6.11.1990 which according to the petitioner was also agreed to by the Lt.Governor in December 1990 by ordering that the petitioner should be allotted a first floor flat in any of the Rohini Sectors 1 to 8.

(3.) Thereafter the DDA issued a demand-cum-allotment letter dated 25.7.1991 allotting the petitioner a first floor MIG flat No.3-B in Pocket-F, Nand Nagri. The cost was indicated as Rs.3,45,700 out of which the petitioner was asked to pay Rs.1,28,490.15 by 25.8.1991. The cost included a sum of Rs.7500/- as charges for the change of floor.