S K TANDON Vs. D D A

JUDGEMENT

(1.) This writ petition challenges the validity of a demand made by the respondent Delhi Development Authority (DDA) by letter dated 18.3.2004 to the petitioner requiring the petitioner to pay a sum of Rs.6,28,276/- in respect of an allotment of an MIG Plot No. 11, Pocket -4, Block-B, Sector 17, measuring 60 Sq. metres under the Rohini Residential Scheme in lieu of the old plot No. 70, Pocket " 14, Sector 24, Phase III. The principal ground on which the petitioner challenges this demand is that 94% of the sum (comprising the first and second instalment) in respect of the said Plot had already been made in 1994 and, therefore, the demand of Rs.6.28 lakhs of the third and final instalment at current cost, which was only Rs. 5790/- in 1994, is wholly unjustified.

(2.) The facts in brief are that the petitioner's mother was issued a letter of provisional allotment of a plot No. 70, Pocket-14, Sector 24, Rohini measuring 60 Sq. metres by a letter dated 27.12.1993. The total premium of the plot was fixed at Rs. 94,782.60. The balance amount, after accounting for the amounts already paid, was shown to be Rs. 86,355.41 and it was required to be paid in the following manner:-

(3.) In its counter affidavit, the DDA does not say that it issued any such communication informing the petitioner's mother that she could take possession of the flat. On the contrary it is stated that as under:-