ARVIND KUMAR BHASIN Vs. D D A

JUDGEMENT

(1.) NOTICE to show cause as to why rule nisi be not issued. Mr. Gaurav sarin accepts notice on behalf of the DDA.

(2.) I have heard counsel for the parties. In the facts of this case, in my view no counter affidavit is called for, since the facts as disclosed in the writ petition stand substantially admitted by the respondent. With the consent of parties I proceed to dispose of the writ petition.

(3.) THE petitioner was registered under the Festival Housing Scheme, 2004 (FHS-2004 ). His name was included in the draw of lots and he was allotted flat bearig No. 514, 10th Floor, Sector 12, Pocket-B, Category-3 in Dwarka, Delhi on 18. 2. 2005. As per the terms and conditions of the demand letter, requisite amount was to be deposited by 17. 8. 2005. The petitioner could not deposit the requisite amount within the said period and in fact deposited the amount on 31. 8. 2005 thereby entailing a delay of 14 days. The reason for petitioner"s inability to deposit the aforesaid amount was that the petitioner"s wife at the relevant time was seriously ill. She was pregnant and due to complications in her pregnancy she delivered a premature baby girl. The petitioner, therefore, could not arrange the loan to finance the purchase of the flat. He, eventually, arranged for a housing loan and paid the amount, though somewhat late. He has been paying interest on the said loan obtained by him. The petitioner sought condonation of delay of 14 days in making the payment. However, the respondent rejected the said request of the petitioner. Consequently the petitioner filed wp (C) No. 6318/2003 in this Court which was disposed of on 27. 8. 2007. In the course of the judgment the Court made the following observations: