DELHI DEVELOPMENT AUTHORITY Vs. RADHEY SHYAM

JUDGEMENT

(1.) LIMITED grievance of the appellant, against impugned order dated 17.2.2003, passed by the District Forum, is against the amount of compensation of Rs. 1,00,000/ - awarded to the respondent for harassment, increase in cost of construction, etc. and cost of litigation, for the failure of the appellant in including the name of the respondent in the draw of lots in spite of the fact that the respondent was the registrant of MIG Scheme of the appellant in Rohini and deposited Rs. 5,000/ - as earnest money on 17.2.1981 along with Application Form No. 118546.

(2.) ADMITTEDLY the respondent was informed vide letter dated 19.6.1986 by the Dy. Director of the appellant that his name had not figured in the last three draws of lots for Rohini Residential Scheme and subsequently he was informed vide letter dated 28.3.1988 that his application form along with FDR dated 17.2.1981 was received from UCO Bank in December, 1987 and now his name shall be included in the draw of lots in future as the same has been forwarded to the Computer Cell. He was further informed vide letter dated 12.9.1989 that his priority has been at Serial No. 16378 and it will take about 4 years to get allotment of plot but till date he has not been allotted any plot.

(3.) IMPUGNED order has been assailed mainly on the ground that the respondent was not successful in earlier draws and, therefore, his name was ordered to be included in the future draws on priority basis and he cannot be allotted the plot out of turn and it was wrong that appellant has given assurance that the plot would be allotted to him within a particular period.