Rohit Chander vs Delhi Development Authority
2009 Latest Caselaw 2727 Del

*               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.

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.

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.
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