Rajinder Singh vs D.D.A.
2009 Latest Caselaw 1142 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI


                   + W.P.(C) 935/2008 and CM 1819/2008

                                            Date of decision : 02.04.2009
IN THE MATTER OF :
RAJINDER SINGH                                           ..... Petitioners
                                      Through:    Ms. Richa Kapoor, Advocate

                          versus


D.D.A.                                                 ..... Respondent
                                      Through:    Ms. Sangeeta Chandra, Adv.



CORAM

* HON'BLE MS.JUSTICE HIMA KOHLI

     1. Whether Reporters of Local papers may be allowed to see the
        Judgment? No

     2. To be referred to the Reporter or not?          No

     3. Whether the judgment should be reported in the Digest?     No


HIMA KOHLI, J. (ORAL)

1. The present writ petition is filed by the petitioner praying inter

alia for directions to the respondent/DDA to issue revised demand-cum-

allotment letter in respect of flat bearing No. 282, Second Floor, Sector-23,

Pocket-2, Rohini, Delhi, to be allotted to the petitioner at the cost prevalent

in the year 2004 when the priority of the petitioner was missed by the DDA

at the tail end, in accordance with the policy of the DDA in that regard.

2. Counsels for the parties submit that the limited issue here is

confined to the cost of the flat, as the aforesaid demand-cum-allotment

letter dated 30.10.2006, was issued to the petitioner at the cost prevalent in

October, 2006, whereas the petitioner has claimed entitlement for allotment

of the aforesaid flat at the cost prevalent in the year 2004, i.e. the cost

prevalent at the tail end when his priority was missed for fault of DDA.

3. Though a counter affidavit has not been filed, counsel for the

respondent states on instructions from her client that the calculation of the

costs in respect of the plot has been agreed to be fixed at the cost as

existing on 31.07.2004. Hence, the aforesaid grievance of the petitioner has

been taken care of by the respondent at its end.

4. However, counsel for the respondent submits that the demand-

cum-allotment letter to be raised upon the petitioner shall include interest

payable @ 12% par annum w.e.f. July/August 2004 to April 2009, i.e., 57

months on the basis of a circular dated 17.10.2008 issued by the

respondent/DDA. As per the aforesaid circular, DDA claims entitlement to

simple interest payable @ 12% per annum from 31.07.2004 , i.e., 4 months

after 31.03.2004, the date of draw, till payment in terms of the demand

letter. Counsel for the petitioner submits that the aforesaid circular has

been taken into consideration in many other cases, two of which are WP(C)

763/2007 decided on 24.11.2008 and WP(C) 1978/2007 decided on

09.02.2009. In both the aforesaid cases, the circular dated 17.10.2008 was

taken into consideration but the claim of the respondent to charge interest

from the petitioners therein was rejected.

5. In the present case, counsel for the petitioner states that as the

petitioner approached the respondent within a period of four years from

31.03.2004, he is not liable to pay any interest to the respondent, the same

being in compliance with the policy of the respondent/DDA itself.

6. Having regard to the aforesaid submission of the counsel for the

petitioner and in view of the judgment dated 18.10.2005 passed in a batch

of matters, lead matter being WP(C) 5793/2005 entitled "Raj Kumar

Malhotra vs. DDA", WP(C) 763/2007 entitled Tej Pal vs. DDA and WP(C)

1978/2007 entitled N.M. Garg vs. DDA, the respondent is directed to issue a

demand-cum-allotment letter to the petitioner without levying any interest

on the disposal cost of the flat as on 31.07.2004, i.e., Rs.8,96,600/-.

7. Counsel for the respondent states that as the petitioner had

already deposited a sum of Rs.9 lacs with the respondent, the excess

amount shall be refunded to the petitioner when the petitioner approaches

the respondent, on completion of the requisite formalities, for receipt of the

demand-cum-allotment letter. The said demand-cum-allotment letter shall

be issued within three weeks. Upon the petitioner completing all the

requisite formalities as required by the respondent/DDA and upon the

respondent/DDA refunding the excess amount received by it, it shall hand

over physical possession of the flat to the petitioner within four weeks

thereafter.

8. The writ petition is disposed of alongwith the pending application.

HIMA KOHLI,J APRIL 02, 2009 rkb