LAWS(DLH)-2008-2-20

ANIL KUMAR Vs. DELHI DEVELOPMENT AUTHORITY

Decided On February 29, 2008
ANIL KUMAR Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 10th February, 2006 passed by the learned Single Judge whereby the writ petition filed by the appellant was dismissed.

(2.) THE appellant applied under the Rohini MIG Residential Scheme for allotment of a plot in 1981. Vide allotment-cum-demand letter bloc-dated 1st September, 2003 to 5th September, 2003, the appellant was informed that he has been allotted plot bearing No. 102, Pocket C-2, Sector 28, Rohini Phase " IV, Delhi measuring 60. 00 sq. mtrs in pursuance of computerised 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 deposit Rs. 1,17,287/- by 4th November, 2003 and rs. 1,85,760/- by 3rd January, 2004 and Rs. 55,728/- was to be deposited when possession was to be offered by the DDA.

(3.) IT is an established fact that there was a delay of 175 days and 115 days in making payment of the first and the second instalments respectively. The appellant deposited both the instalments at one go on 28th April, 2004 So far as the payment of Rs. 55,728/- is concerned, the appellant on his own without any demand had deposited an amount of Rs. 55,000/- on 29th September, 2004 A sum of Rs. 36,600/- was also deposited by the appellant on 25th October, 2004