KISHAN CHAND Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) On 21.11.88 this petition was filed seeking direction against the respondents to issue Demand-cum-Allotment letter in respect of Shop No. 14, Vaishali, Pitam Pura, Delhi and to hand over the possession thereof and execute proper conveyance deed.

(2.) The facts giving rise to the petition are that, on petitioner's land having been acquired by the Government at public expense for public purpose, namely. Planned Development of Delhi, under the relevant scheme, which was in vogue, stall No. 23, L.S.C. Wazir Pur, Phase-1, Delhi was allotted to him. A sum of Rs. 25,200.00 towards premium lease money, ground rent and maintenance charges was deposited by the petitioner on 21.2.86. It is the petitioner's case that possession of the stall was also handed over to him. Certificate Annexure C was issued in August, 1986 by the Deputy Director (CE), D.D.A. entitling him to obtain electric connection in his own name. It is alleged that the said shop at Wazirpur was located at a considerable distance from his residence and was also very inconvenient. Accordingly a representation was made the Commissioner (Land), D.D.A., with a request to allow change in allotment from Wazirpur to some other convenient area in Pritam Pura or Vaishali since such changes were being allowed. Through letter Annexure D dated 5.12.86 the petitioner was informed by the Deputy Director (CE) that his request for change of allotment had been accepted and he had been allotted shop No. 14 measuring 12.67sq.metres atVaishali(Pitampura). The petitioner was also informed that Demand-cum-Allotment letter would be issued to him on the petitioner surrendering the possession of stall earlier allotted to him in Wazirpur. It is the petitioner's case that pursuant to the said communication dated 5.12.86, the petitioner contacted the Assistant Engineer concerned and handed over possession of the stall and signed all the documents, which were required to be signed by the Assistant Engineer and as per his information the said Stall No. 23, WazirPur was thereafter put to auction by D.D.A. in 1987. No detailed Demand- cum-Allotment letter in respect of shop No. 14 at Vaishali was handed over to him despite best efforts. This non-action on the part of the respondent in not issuing detailed Demand-cum-Allotment letter and delivering possession of the shop is under challenge in this petition.

(3.) The petition came up on 30.11.88 when the respondent were restrained from cancelling the allotment of stall No. 14, Vaishali (Pitam Pura), Delhi in petitioner's favour and were also restrained from allotting or handing over possession to any one else. Rule D.B. was issued on 3.2.92.