* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P(C) No.787/2009
% Date of Decision: 20.07.2009
Rohit Chander .... Petitioner
Through Ms.Richa Kapoor, Advocate.
Versus
Delhi Development Authority .... Respondent
Through Ms.Manisha Tyagi, Advocate.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
1. Whether reporters of Local papers may be YES
allowed to see the judgment?
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported in NO
the Digest?
ANIL KUMAR, J.
* Admit.
With the consent of the parties, the matter is taken up for final disposal.
The petitioner has sought quashing of demand raised by demand cum allotment letter dated 16th May, 2007 and a direction to the Delhi Development Authority to issue a revised demand cum allotment letter on the old cost prevalent on 7th March, 2000 and refund the excess amount.
W.P(C) No.787/2009 Page 1 of 3
The learned counsel for the petitioner relies on (2009)I AD (SC) 305, Delhi Development Authority & Anr v. Joint Action Committee, Allottee of SFS Flats & Ors.
The learned counsel contends that in view of judgment of Supreme Court the respondent is not charging 20% of the cost or the current cost in case of SFS allottees where the cases were restored by DDA.
The learned counsel for the respondent DDA on instructions states that the petitioner is entitled for the benefit of the judgment of Ms.Renu Bali.
The learned counsel on instructions further states that DDA will issue a revised demand letter and shall refund the excess amount subject to petitioner submitting one recent photograph along with 3 specimen signature duly attested by Gazetted Officer; proof of Identification such as Election Card/ I Card/Passport; proof of physical possession/ownership of flat along with documentary evidence i.e House Tax/Income Tax; proof of payment of cost of flat from his own account along with copy of bank pass book or other document. In case of loan raised, the copy of sanction letter from the bank/financial institution alongwith phone number of the sanctioning authority; an undertaking on non judicial stamp paper of Rs.50/- to the effect that he has not sold or parted with the flat to any other person; photocopy of Pan card.
W.P(C) No.787/2009 Page 2 of 3
In the facts and circumstances, the writ petition is allowed. The respondent shall issue fresh allotment cum demand letter in place of demand raised by allotment cum demand letter dated 16th May, 2007, on furnishing and complying with the conditions as stipulated hereinabove. The respondent shall issue the revised demand cum allotment letter within six weeks and the petitioner shall submit the documents required and comply with other terms and conditions within four weeks thereafter. The respondent shall refund the excess amount and will allot the flat within four weeks thereafter.
With these directions, the writ petition is allowed and disposed of. Parties are, however, left to bear their own cost.
Dasti.
July 20, 2009 ANIL KUMAR, J.
'k'
W.P(C) No.787/2009 Page 3 of 3