DIRECTOR GENERAL I Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Pursuant to the Fifth Self-Financing Housing Scheme floated by the Delhi Development Authority (for short, DDA), in 1982, the informant applied for allotment of a plot/flat and paid a sum of Rs.15,000/- vide Receipt No.12018/1315/ps/82 dated 11.8.1982 towards registration amount. Thereafter nothing was heard from the respondent side for a considerable period of time. In 1991, the informant came across an advertisement published on behalf of the respondent inviting the public for residential plots/flats in various localities including Jangpura, Defence Colony, Tilak Nagar, Geeta Colony and New Rajinder Nagar, etc. Out of many plots/flats reserved, ten plots/flats were to be offered to the public on auction basis and the remaining were kept for allotment to the applicants who became successful in a draw of lots. Reservation of plots/flats for allotment on the basis of auction solely with the object of making profit, is stated to a restrictive trade practice covered under Sec.2 (o) of Monopolies and Restrictive Trade Practices Act, 1969 (in short, MRTP Act ). It was, therefore, prayed in the application that enquiry be instituted against the respondent and suitable directions be issued restraining the respondent Authority from auctioning the plots/flats as per the advertisement issued on 31.5.1993.

(2.) Pursuant to the Notice of Enquiry issued, the respondent denied the charges levelled against it. As contended, the respondent Authority is stated to have been established with the purpose of promotion and development of Delhi and to make available the houses/plots/flats to the public as would be reflected from the various provisions of the Delhi Development Act, 1957 relating to the functions of the respondent Authority. Auctioning of plots being permissible under the Rules, it has been contended that respondent has not indulged in any trade practice which could be called restrictive.

(3.) On merit, it has been stated that allocation/allotment of flats/plots is made through a computerized based draw depending upon the locality and choices preferred by the applicants/candidates and unsuccessful allottees have no legal right for allotment of plots/flats in any one of the other Schemes unless applied for. Under the Fifth Self-Financing Housing Scheme, 1982, about 300 ready built multi-storeyed flats were offered to the registrants, after which the Scheme stood closed. The registrants of the Scheme, who have not been allotted flats/plots, have been refunded the amount of registration along with the interest after the surrender of the Fixed Deposit Receipt and other documents. Auction of land on the other hand related to the flats/plots in the locality of Jangpura, Defence Colony, Tilak Nagar, Geeta Colony and New Rajinder Nagar, which have since been transferred to the DDA by the Ministry of Rehabilitation.