ABNASH CHANDER CHOPRA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By this writ petition under Article 226, the petitioner seeks quashing the letter of allotment dated 5.2.1991, received by him from the respondent-DDA, offering allotment of flat No. 10 (ground floor) Rohini, New Delhi at the cost of Rs. 2,60,438.67. The petitioner has also prayed for a writ of mandamus directing the respondent to allot the said flat at the rates prevailing on 15.12.1989, when the flat No. 53, Block B, Pocket 11, Sector 18, (second floor), Rohini, New Delhi was allotted to him.

(2.) The respondent-DDA prepared and published a scheme called "Registration Scheme of New Pattern 1979 of intending purchasers of flats to be constructed by DDA" providing the procedure for allotment of flats constructed by it. The petitioner had got registered himself for allotment of a flat under the said scheme. The cost of a flat under the scheme was fixed at Rs. 42,000.00 . A draw was held on 15.12.1989 and vide allotment-cum-demand letter dated 14.2.1990 a flat bearing No. 53, Block-B, Pocket-11, Sector 18, (2nd floor), Rohini, New Delhi was allotted to the petitioner. (Annexure D). The said letter of allotment also indicated that the total cost of the flat which was payable was Rs. 1,54,700.00 . On 2.2.1990, the petitioner approached the respondent with a request to change allotment of flat from 2nd floor to the ground floor on account of his wife's illness. (Annexure E). The petitioner did not get any response from the respondent on the said representation. On 5.4.1990, the petitioner deposited a sum of Rs. 1,45,986.17 as demanded by the respondent towards the disposal cost of the flat including the premium of land of Rs. 3300.00 and other charges. (Annexure F). However, in adraw held on 3.7.1990, the petitioner was allotted a flat-bearing number 10, Block-B, Pocket-7, Sector 17, Rohini (ground floor). The allotment-curn-demand letter was issued to the petitioner requiring him to deposit Rs. 2,60,438.67 to wards the cost of flat within 15 days. (Annexure 1). The petitioner being aggrieved by the escalation amount of Rs. 2,60,438.67 has approached this Court under Article 226 of the Constitution.

(3.) On the other hand, on behalf of the respondent-DDA, it is asserted that the DDA maintains a list of eligible persons registered under particular scheme for allotment of flats. Asand when flats areavailable,allotmentofthesame is made, by draw of lots on the basis of the said list and premium is charged on the basis of the predetermined rates prevailing on the date of allotment. Predetermined rates for allotment of flats, it is contended, are fixed on 'no-profit no loss' basis taking into account, inter alia, the cost of acquisition of land, cost of development of land and cost of construction. It is asserted that an allottee is liable to pay premium at the pre-determined rates prevailing at the time when a specific flat is allotted to him. It is also contended that it was made clear in brochure of the scheme that the estimated price mentioned therein is illustrative and is subject to revision/modification depending upon the exigencies of layout and cost of construction etc. Further, it is contended that the question of costing of flats stands concluded by a Full Bench decision of this Court in Sheelavanti v. DDA, AIR 1995 Delhi 212=57 (1995) DLT 801 (FB) and cannot be reagitated in this writ petition.