DDA Vs. JAI KANWAR JAIN

JUDGEMENT

(1.) THE appellant DDA has preferred this appeal against the judgment and order dated 18.12.2008 passed by Vipin Sanghi, J in WP(C) No. 1337 of 2008 whereby the learned Judge has allowed the writ petition, inter alia, directing that the appellant shall allot and deliver to the respondent (the writ petitioner) the Plot No. 163, Pocket No. 1, Block C, Sector 27, admeasuring 32 sq. mts. in Rohini, Phase IV Residential Scheme and in case the said plot already stands allotted to any other person, the appellant shall allot another similar developed plot in the same pocket/block/sector in Rohini Phase IV Residential Scheme to the respondent at the same rate at which the earlier allotment was made.

(2.) THE facts are that the appellant DDA floated a scheme for allotment of plots of different sizes in Rohini in the year 1981. The said scheme was known as 'Rohini Residential Scheme, 1981 '. The respondent was one of the applicants under the said 'Scheme '. The terms and conditions indicated eligibility criteria in the brochure. Clause 1(ii) of the eligibility conditions in the brochure, which is material for the purpose of this appeal, provided as follows:

(3.) THE cancellation has been challenged by the respondent in the writ petition. The respondent has not disputed that he, his wife and his son acquired the aforesaid plot bearing No. 112, Pocket F -22, Sector -3, Rohini, which admeasures 91.96 sq. meters. However, the submission of the respondent is that individual share of the respondent in the aforesaid plot is about 30 sq. meters, and even if the share of his wife is clubbed to his share, it comes to less than 65 sq. meters and thus he continues to be eligible for allotment of the plot in question in terms of the eligibility condition aforesaid. The case of the respondent that the plot has been acquired by him not through an allotment by the DDA, but privately from the allottee of the DDA. Therefore, according to the respondent, the last part of the aforesaid clause, which provides that ''Persons who own a house or a plot allotted by the Delhi Development Authority on an area of even less than 65 sq. meters '', would not be eligible for allotment, would, therefore, not apply to the respondent 's case.