Satya Pal vs Delhi Development Authority
2009 Latest Caselaw 2931 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                   Writ Petition (Civil) No.718/2007

%                    Date of Decision: 30.07.2009

Satya Pal                                                .... Petitioner

                     Through Mr.Sumit Bansal, Advocate.

                               Versus

Delhi Development Authority                             .... Respondent

                     Through Mr.Yeeshu Jain, 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.

*

Rule.

With the consent of the parties the matter is taken up for final

disposal.

The petitioner has sought direction to the respondent to issue

demand-cum-allotment letter for the flat bearing No.366, 1st floor,

Pocket GH-13, Pachim Vihar, New Delhi and for quashing of decision of

the respondent authority as communicated vide letter dated 7th July,

2007 and 29th August, 2006.

The contention of the petitioner is that he applied with the

respondent authority for allotment of flat under SFS category. The

allegation of the petitioner is that he submitted all the documents

required for allotment of flat, however, the demand letter had not been

issued by the respondent even after fulfilling all the formalities.

During the pendency of the petition it was held that the

price/cost prevailing on the date of allotment letter is to be charged

from the petitioner for the allotment of the flat. The petitioner was also

directed to hand over the copy of the demand letter dated 28th

November, 2000 and the respondent was directed to examine the case

of the petitioner again in terms of letter dated 28th November, 2000 and

file the status report/additional affidavit.

Pursuant to the directions given by this Court an additional

affidavit dated 10th July, 2009 has been filed on behalf of the

respondent stipulating inter-alia that the rate prevailing on the date of

allotment letter would be charged from the petitioner. It is further

deposed that the draw was held on 7th March, 2000 and the allotment

letter was issued on 28th November, 2000. The cost of the flat No.366,

category II, First Floor, Paschim Vihar, New Delhi comprising of an area

of 93.51 sq.meters with a super area of 3.81 sq.meters plus department

charges and interest and the cost of land has been computed as

Rs.11,97,490/-.

The respondent in the circumstances has contended that the

petitioner is liable to make the payment of Rs.11,97,490/- for allotment

of flat No. 366, category II, First Floor, Paschim Vihar, New Delhi.

The learned counsel for the petitioner also contends that about

Rs.1,16,000/- has already been paid by the petitioner. The respondent

shall be liable to give adjustment of the amount already deposited by

the petitioner on petitioner producing the necessary challan and proof

of deposit of the said amount.

The learned counsel for the respondent contends that the

petitioner is also liable to pay simple interest for some period at the rate

of 18% per annum and also compound interest for remaining period at

the rate of 15% per annum from the year 2000 till date.

Neither the affidavit dated 10th July, 2009 of Mrs.Neelam Chadha,

Director, Housing (H) disclosed that the petitioner is liable to pay

interest nor any demand for interest has been made. There is no basis

for charging the compound interest at 15% in the facts and

circumstances nor any justification has been given by the leaned

counsel for the respondent. In any case if the DDA was entitled for any

interest, it should have disclosed in the affidavit which was filed on

behalf of respondent pursuant to the orders of this Court. In the

circumstances, the respondent shall not be entitled for any interest.

Consequently, the writ petition is allowed. On the petitioner

paying Rs.11,97,490/- within four weeks subject to adjustment of any

amount already paid by the petitioner to the respondent and fulfilling

any other formality, the possession of the flat be delivered to the

petitioner within four weeks thereafter. Considering the facts and

circumstances, parties are left to bear their own cost.

With these directions, the writ petition is disposed of.

July 30, 2009                                             ANIL KUMAR, J.
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