SURINDER KUMAR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This petition by the employees of Food Corporation of India is directed against the Decision of Delhi Development Authority refusing to allot 47 flat? in Trilok Puri residential Scheme, which decision was finally conveyed to the Food Corporation of India by letter dated 31st March, 1987.

(2.) The facts of the case are not in dispute. The Delhi Development Authority constructed about 1392 middle income group and 697 low income group dwelling units in Trilok Puri across Yamuna. Vide. letter dated 4th July, 1979, Food Corporation of India requested for allotment of some flats and in response to the said letter, the respondent authority vide its letter dated 30th August, 1979 offered allotment of flats to such employees of Food Corporation of India who may fulfil the terms and conditions of allotment. After some correspondence, by letters dated 28th March, 1981 and 24th April, 1981, 47 specific flats 33 MIG and 14 LIG, were allotted to the Food Corporation of India for allotment to its eligible employees. The Food Corporation of India had made payment of the entire amount amounting to Rs. 32,00,000.00 for which the receipt dated 6th June, 1981 was issued. However, before the actual allotment could be finalised. Food Corporation of India made a request addressed to the Lt. Governor, Delhi for allotting the flats to Food Corporation of India itself so that the Corporation may allot the same on rental basis to the officers/employees posted in Delhi from time to time on individual basis. This correspondence went on in 1983 and 1984 also. However, the respondent authority stuck to its stand that the flats could only be allotted to its employees. The Food Corporation of India sought time from the respondent Authority to furnish the list of its employees who should be allotted the flats. Before however, furnishing the list, the Food Corporation of India in January, 1986 again made a request tor allotment of the flats to the Corporation. The respondent authority replied the request by saying that the allotment could be made to the Corporation on payment of the price at the market rate prevailing at that time. The market rate was calculated and the Corporation was asked to deposit a further amount of Rs. 66,90,465.00 as balance cost of the flats which included cost of land at market rate. The Food Corporation of India immediately wrote back to the authority that they were not interested in paying the additional amount and as such the flats may be allotted to its employees for which the list will be furnished shortly. Finally, by letter dated 23rd October, 1986, the Food Corporation of India submitted application forms, income certificates and affidavits of those employees who were allotted the flats in draw of lots held by the Corporation. Thus, full compliance was made in terms. of the requirement of the respondent Authority.

(3.) After the aforesaid list was submitted by the Corporation it appears the respondent Authority changed its stand for reasons best known to the Authority and sent a communication to the Corporation that it was not possible to make the allotment in favour of the employees and the Corporation if so required could get the flats on payment of additional premium as indicated by them vide their letter dated 29th August, 1986. It is against this communication dated 31st March, 1987 that the present writ petition has been filed by some of the allottees of the flats.