SULEMAN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner on 14.1.1991 filed Writ Petition No. 165/91 seeking allotment and delivery of plot/shop situated in Fruit and Vegetable Market, Okhla by way of an alternate allotment in lieu of an area near Jama Masjid, from where he had been operating from which place he was evicted in the year 1976 under the Scheme of Clearance of Shopkeepers carrying on business in the Jama Masjit Area, Delhi. The said writ petition was disposed of on settlement arrived at amongst parties in the following terms :

(2.) After receipt of the above demand letter, the petitioner on 14.12.1995 filed this misc. application seeking direction against the respondents to allot the said shop to him at a reserve price of Rs. 57,100.00 instead of the amount, as demanded alleging that the reserve price of the shop as on 7-1-1992 was Rs. 57,100.00 on which date rights of parties were fructified. The application was taken up on 2.1.1996 when the petitioner volunteered to deposit provisionally a sum of Rs. 47,000.00 with D.D.A. and respondent-DDA was asked to maintain status quo as regards shop in question. Parties have thereafter exchanged their affidavits. The petitioner had deposited a sum of Rs. 57,100.00 , but possession was not being delivered to him. Petitioner insisted for direction to deliver possession to him and accordingly on 7.1.1997 the petitioner was called upon to make a further deposit so that the total amount deposited by him would come to Rs. 80,000.00 thereby keeping the question open as to what further amount the petitioner would be required to deposit.

(3.) The point to be considered is as to whether the petitioner is liable to pay the amount as per the demand made through demand letter dated 26.10.1995, namely, the date of allotment or as per the rates, which were prevalent on the date when the writ petition was disposed of.