HEMANT KUMAR Vs. LT. GOVERNOR AND ANR.

JUDGEMENT

(1.) THIS is the second round of litigation. The petitioner -Mr. Hemant Kumar had earlier filed W.P. (C) No. 12607/2006.

(2.) THE petitioner was registered under Ambedkar Avas Yojna of DDA on 4th December, 1989 on deposit of Rs. 12,000/ -. After waiting for about 15 years, the petitioner was allotted a MIG flat in Dwarka vide demand -cum -allotment letter with block dates 25th September, 2003 - 30th September, 2003. The allotment was on hire -purchase basis with substantially high rate of interest. The petitioner made a representation for allotment on cash down basis to save the incidence of interest. The said request was accepted by DDA vide their letter dated 19th January, 2004 and the petitioner was called upon to deposit cost of the flat of Rs. 10,25,876/ -. The letter also stipulated last date of payment with interest. This letter was received back undelivered. Subsequently, this letter was delivered by hand on 23rd September, 2004. The petitioner made payments of Rs. 14,788/ - on 21st January, 2004 and Rs. 7,394/ - on 24th March, 2004. Thereafter, the petitioner made payments of Rs. 1,48,000/ - on 7th February, 2005 and Rs. 8,56,000/ - on 13th April, 2005. Thus, the petitioner has made total payment of Rs. 10,38,182/ - including initial deposit of Rs. 12,000/ -.

(3.) UNFORTUNATELY , but not surprisingly DDA has refused to accept the request of the petitioner vide file noting placed on record with the counter affidavit. It is recorded by the Commissioner (Housing) that the petitioner allottee had failed to make payment within the time limit stipulated in the demand letter, i.e., by 19th January, 2004 and accordingly the cancellation of allotment on 24th February, 2005 was justified on the ground that sufficient time had been granted to the petitioner allottee to deposit the demanded amount.