DELHI DEVELOPMENT AUTHORITY Vs. MARBLE POINT

JUDGEMENT

(1.) APPELLANT-DDA has preferred this appeal against the judgment dated 6th February. 2007 passed by the learned Single Judge in WP (C) Nos. 12038-47/2006. The learned Single Judge by his judgment had quashed the demand letter dated 12th July, 2006 issued by the appellant-DDA wherein it had raised a demand @ Rs. 38,259/- per square meter for the alternative plots allotted to the respondents. Appellant also assails the directions given by the learned single Judge to the appellant to conduct a draw of lots and to allot plots to the respondents within eight weeks from 21st February, 2006.

(2.) BEFORE considering the grounds on which appellant seeks to assail the judgment of the learned Single Judge, the facts giving rise to the present appeal may be briefly noted:-

(3.) RESPONDENTS were constrained to file WP (C) 12038-47/2006 seeking a writ of certiorari to quash the demand letter dated 12th June, 2006 issued by the appellant demanding premium payment @ Rs. 38,259/- for the alternative plots of 250 sq. metres. Respondents had urged in the said writ petition that appellant was required to take a decision regarding entitlement of the petitioners on pari materia basis and the eligibility criteria within three months. Respondents had duly submitted an application in the prescribed format as directed. Appellant had appointed a committee which examined all the cases as per the eligibility criteria and the respondents were found eligible for the alternate plots on the basis of parity with 94 persons who had been allotted plots. The Vice Chairman, DDA and the Lt. Governor duly approved the said recommendations.