SWARNA KHANNA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) PREM Nath Khanna applied under Fourth Self Financing House (Registration) Scheme 1981 for a catgory-III flat in 1981. On 14.11.1990 draw of lot was held by the respondent/DDA and Prem Nath Khanna was declared successful. On 31.11.1990 Prem Nath Khanna received demand-cum- allocation letter about allotment of a flat under category-III which is at page 50 of the paper-book, inter alia, stating that the said Prem Nath Khanna was declared successful for allotment of a Dupleix flat in Vasant Kunj, Block C, Pocket 6 and 7, Type-III at an estimated cost of Rs. 4,77,200/-.

(2.) FROM October 1992 to May 1993 Prem Nath Khanna paid estimated cost of the flat in four instalments within the stipulated dates although on account of the delayed construction the demand was deferred by the respondent itself.

(3.) LEARNED counsel for the petitioners has contended that the draw of lot was held on 15.7.1993 and a specific flat No. 6013 in pocket C-6 and C-7, Vasant Kunj, New Delhi was allotted to Prem Nath Khanna. However, no intimation of the same was ever sent to the deceased Prem Nath Khanna. He has further contended that although in relation to the same pocket in the same area i.e. Vasant Kunj pursuant to the draw of lot which was held on 15.7.1993 demand-cum-allotment letters were sent to other registrants under the scheme on 21.3.1994. Copy of the one of such letter has been filed which is placed at page 71 of the paper book. The total cost demanded by such registrant by the said letter is 7,17,700/-. A copy of similar letter has been placed by the petitioners at page 73 of the paper book in which a flat in the same category and in the same locality for the ground floor demand-cum-allotment letter has been sent on 22.7.1994.