Diwan Chand vs Delhi Development Authority

Rekha Sharma, J.—It is not in dispute that the allotment of Category III Flat at Ground Floor, bearing No. 205, Pocket-L, Sarita Vihar, New Delhi was made in favour of the Petitioner which was later cancelled on August 30, 1991. Aggrieved by the cancellation, the Petitioner filed a civil suit on November 30, 1992 which was disposed of on April 03, 2003 holding the cancellation to be illegal. Consequently the following reliefs as prayed for were granted:

(a) declaration to the effect that the Plaintiff is entitled for the allotment and possession of the flat in Sarita Vihar, New Delhi under S.F.S. IIIrd Scheme against File No. F.128(282)/88/ SFS/SV/III;

(b) mandatory injunction in favour of the Plaintiff and against the Defendant thereby directing the Defendant/DDA to hand over vacant physical possession of a flat in Sarita Vihar, New Delhi, to Plaintiff against file No. F.128(282)/88/SFS/SV/III on receipt of the entire cost of the said flat.

It is also not in dispute that the Respondent/DDA preferred an appeal against the judgment and decree of the Civil Court before an Additional District Judge which was dismissed on January 14, 2004 and against that order, a Regular Second Appeal was preferred in this Court which, too, was dismissed on January 11, 2005. However, even after the dismissal of the appeal by this Court, it was only on May 17, 2007 that the Respondent/DDA issued a demand-cum-allotment letter demanding a sum of Rs. 43,62,145/- from the Petitioner.

The Petitioner says that the original cost of the flat was only Rs. 2,92,000/- and that he is entitled to the allotment of the flat at the cost which was prevalent as on August 30, 1991 when the allotment of the Petitioner was cancelled.

The learned Counsel for the Respondent/DDA, on the other hand, says that the sum of Rs. 43,62,145/- has been demanded from the Petitioner at the rate that was prevailing as on the date of issue of the demand-cum-allotment letter.

Having heard the learned Counsels for the parties, I am of the view that the demand-cum-allotment letter dated May 17, 2007 demanding the sum of Rs. 43,62,145/- from the Petitioner has no basis at all. The Civil Court having held that the cancellation made by the DDA on August 30, 1991 was illegal and this Court having affirmed that order in appeal, I fail to understand how the DDA could charge the rate of the year 2007 from the Petitioner.

In view of the above, the Respondent/DDA is directed to issue a fresh demand-cum-allotment letter to the Petitioner at the cost which was prevailing as on August 30, 1991. The Petitioner has already deposited a sum of Rs. 10 lacs in this Court in terms of order dated November 24, 2008 which amount shall be adjusted in the fresh demand-cum-allotment letter. The demand-cum-allotment letter shall be issued within four weeks and if there is any excess amount, the Petitioner shall deposit the same within four weeks after the demand-cum-allotment letter is issued and upon the Petitioner depositing the same, the possession of the flat in question shall be handed over to him within four weeks thereafter.

With these directions, the writ-petition is disposed of.