VEER SINGH GAUTAM Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THESE petitions have been filed by three petitioners. The first two are residents of flats in Sector 13, Pocket-B, Dwarka, New Delhi. The third petitioner is a Resident Welfare Association of the same area. The prayer in this writ petition is that the Delhi Development Authority ('DDA') should be directed to defer the payment of instalments/hire charges of the flats till December 2004 and that the instalments should be charged only from January 2005.

(2.) ONE sample demand letter enclosed indicates that the allottees of flats in the said Sector 13-B were required to deposit a certain sum by 31.3.2002. The payment of the balance amount in 120 monthly instalments of Rs. 6,725/- each was to start from 10.2.2002 onwards.

(3.) THE controversy centers around the availability of basic amenities like electricity, water, street lights, roads, drinking water etc. According to the petitioners, although these basic amenities are now available they were not available when the possession of the flats was handed over and definitely not on the date that the payment of instalments was to begin i.e. 10.2.2002. They point out that even as on 9.12.2003 electricity was not available in the area. A reference was made to a note of the concerned official of BSES Rajdhani Power Limited on 9.12.2003 which notes that even as on that date the electrification of DDA Pockets in Dwarka, including Sector 13-B, had not been completed.