H L ADVANI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner assailing a demand letter dated 23rd November, 2000 issued by the respondents inter alia on the plea that the demand raised by the DDA is contrary to the orders passed by the court in earlier writ petitions; that the DDA has failed to credit amounts deposited by the petitioner and that the petitioner is entitled to interest on the amounts deposited by it. There is no dispute that the petitioner had registered himself for allotment of a MIG flat under the 1976 scheme with the dda. As no flat was allotted to several of the applicants W. P. (C) No. 1578/1982 entitled Manmohan Singh and Ors. v. DDA was filed in this court. This writ petition was allowed by the Division Bench by an order dated 11th March, 1992 directing the DDA to effect allotment of flats were directed to be reserved for allotment pending decision of the petition for the applicants.

(2.) FIVE applicants including the present petitioner had given a preference of allotment of a flat in South Delhi only. These applicants claimed entitlement to one out of ten flats which stood reserved under orders in the earlier writ petition but assailed the cost of the flats. Demand letters were issued to these petitioners in September, 1993 which were assailed by way of w. P. (C) No. 5435/1993 entitled N. Sahai and Ors. vs. DDA. This writ petition was disposed of by an order passed on 7th March, 1995 holding that the entitlement and eligibility of the petitioners for allotment of flats in the south Delhi area having been upheld, the petitioners would be eligible to pay rates which were paid by similarly situated allottees in the year 1982 with interest in terms of the orders passed. The court accordingly disposed of the writ directing that the petitioners would communicate the option of the mode of payment to the DDA within two weeks in terms of the scheme of 1976. The DDA was required to issue fresh demand letters within a period of six weeks for the reason that the petitioners have enjoyed the amount they would be liable to make payment of interest at the rate of 9% per annum.

(3.) THE present petitioner had filed W. P. (C) No. 2080/1995 against the demand letter which had been issued raising a demand of Rs. 5,14,549/- In terms of the orders passed by the court, the DDA issued demand letters dated 11th january, 1996 whereupon the petitioner claims that he deposited a sum of rs. 1,29,072/- under protest. It is an undisputed fact that in June, 1996 the petitioner also received possession of his flat.