KRISHAN BHAGWAN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Rule. The short question that calls for decision in this writ petition is whether petitioner, who owned 40 square meters plot, was entitled to allotment of plot in the Rohini Residential Scheme, New Delhi. The petitioner has also prayed for possession of the said plot and for direction to the respondent to execute the conveyance deed.

(2.) The petitioner applied for allotment of a plot in the Rohini Residential Scheme and was allotted plot No. 64, Pocket 9, Sector 24 measuring 64 square meters vide allotment letter dated 12.11.1991. A sum of Rs. 51,305.96 was deposited by the petitioner after adjusting the amount already paid by him. The petitioner also submitted all the documents that were required for the purposes of allotment. Instead of handing over the possession of the plot to the petitioner, the respondents raised an objection that the allotment of the plot could not be made to the petitioner as he was already in possession of a property measuring 40 square meters.

(3.) The petitioner made a representation to the respondent that the plot is situated in slum area and as per the Nazul Land Rules, 1981 he was eligible for allotment even if he owned a property measuring less than 67 square meters. The petitioner's representation was considered and rejected. Hence this petition.