TRIPTINDER SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 19th October, 2005 passed by the learned Single Judge whereby the learned Single Judge dismissed the writ petition filed by the appellant.

(2.) THE appellant applied under the Rohini MIG Residential Scheme for allotment of a plot in 1981. Vide allotment-cum-demand letter dated 5th September, 2003, the appellant was informed that he has been allotted plot No. 279, Pocket C-V, sector 28, Rohini Phase " IV, Delhi in pursuance of a draw held on 11th June, 2003, at a premium of Rs. 3,71,520/ -. As per the said allotment-cum-demand letter the appellant was required to pay Rs. 1,17,263/- by 11th November, 2003 and Rs. 1,85,760/- by 10th January, 2004 and Rs. 55,728/- was to be paid when possession was to be offered by the DDA.

(3.) IT is an established fact that there was a delay of 178 days and 118 days in making payment of the first and the second instalments respectively. So far the payment of Rs. 55,728/- is concerned, a request was made by the appellant on 30th April, 2004 for extension of time for making the said payment. As per the clause in the demand-cum-allotment letter, the said allotment was liable to be automatically cancelled if payment was not made within the period prescribed. The records reveal that a sum of Rs. 55,000/- was deposited on 29th September, 2004 in the account of the DDA on account of the balance payment, which was required to be paid when possession was to be offered by the DDA as per the allotment letter. However, as possession of the plot in question was not handed over to the appellant, he filed a writ petition before the learned Single judge thereby seeking issuance of a writ of mandamus directing the DDA to hand over possession of the said plot.