DELHI DEVELOPMENT AUTHORITY Vs. DHANI TAM KAPOOR

JUDGEMENT

(1.) This is a Letters Patent Appeal against the judgment of the learned Single Judge dated 10/1/1997. The only point of dispute in the present appeal is as to whether allotment of a flat in the name of the writ petitioner (re- spondent herein) was liable to be cancelled on the ground of delay in submission of the relevant documents along with proof of payment to the appellant-Delhi Development Authority within the prescribed period of ninety days from the date of issue of the letter of allotment. There is no dispute that the petitioner had made full payment for the flat to the appellant. As per the stand of the appellant the respondent was required to submit the documents to it by August 1, 1990 but the same were submitted on November 16, 1990. Learned counsel for the appellant submits that the delay in sub- mission of the documents entails cancellation of the allotment of the flat. The same submission was made before the learned Single Judge which was rejected by him.

(2.) We do not find any infirmity in the order of the learned Single Judge. The term as to deposit of documents within a particular period of time cannot be held to be man- datory in nature especially when the entire payment for the flat has been made by an allottee to the D.D.A. The same point as has been raised in the instant petition by the appellant was the subject-matter of decision of the Division Bench of this Court in Asha N. Madnani v. D.D.A., 1997 I AD (Delhi) 385. The Division Bench while considering the said question held as follows :-

(3.) Thus, the plea of the learned counsel for the appel- lant does not hold water and is accordingly rejected. Before parting with the judgment we would like to record our appreciation for the ability with which the learned counsel for the appellant argued the matter.