Anand Mehra vs D.D.A.
2009 Latest Caselaw 790 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+        W.P.(C) No. 1038/2008 & CM No.2018/2008

%                                        Date of decision : 12.03.2009
IN THE MATTER OF :

ANAND MEHRA                                        .....  Petitioner
                              Through :Ms. Richa Kapoor, Adv.

                  versus

D.D.A.                                              ..... Respondent
                              Through : Ms. Rajdipa Behura with
                                        Mr. Deepak Anand, Advs.
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)

Pleadings are complete. With the consent of counsels for

the parties, the matter is heard and decided on merits.

2. The petitioner has filed the present writ petition paying inter

alia for directions to the respondent/DDA to regularize the allotment of

a MIG flat bearing No.195, 2nd Floor, Sector A-10, Pocket 2, Narela,

Delhi in favour of the petitioner and to transfer the possession and title

in respect of the same after completion of necessary formalities.

3. Briefly stated, the facts of the case are that the petitioner

applied to the respondent/DDA on 11.10.2006 under the "Two

bedroom and three bedroom DDA Housing Scheme 2006". A draw of

lots was held by the DDA on 3.1.2007 in which the petitioner was

declared successful for allotment of MIG Flat bearing No.195, Second

Floor, Sector A-10, Pocket-2, Group-2, Narela, Delhi. As the

application of the petitioner had been received with the

correspondence address of Axis Bank Ltd., the respondent/DDA

dispatched the demand-cum-allotment letter dated 19.1.2007 directly

to Axis Bank Ltd. As per the aforesaid demand-cum-allotment letter,

the petitioner was required to deposit the cost of the flat i.e.

Rs.12,07,827/- with the respondent on or before 19.4.2007, without

interest and thereafter, with interest upto 18.7.2007. However, the

petitioner made the payment to the respondent in a staggered manner

from 26.7.2007 to 01.08.2007. As a result, the allotment of the flat in

question was cancelled by the respondent/DDA by invoking Clause-15

of the DDA Housing Scheme 2006.

4. Counsel for the petitioner submits that the petitioner cannot

be held responsible for delayed dispatch of the demand-cum-allotment

letter dated 19.1.2007 by the Axis Bank Ltd. to the petitioner as the

Bank sent the letter to the petitioner only on 17.2.2007. This fact was

sought to be confirmed by calling upon the respondent/DDA to verify

the correct position from the Axis Bank Ltd. and inform the Court.

5. Counsel for the respondent/DDA hands over a copy of the

letter dated 13.2.2009 issued by the Axis Bank Ltd. to the

respondent/DDA stating inter alia that the Bank had dispatched the

aforesaid letter to the petitioner only on 17.2.2007. The said letter is

taken on the record.

6. Counsel for the petitioner states that in view of the above,

the stand of the petitioner stands vindicated and the petitioner cannot

be blamed for the delayed payment. She submits further that if the

starting point of limitation is reckoned from the date of dispatch of the

demand-cum-allotment letter by the Bank to the petitioner, i.e., w.e.f.

17.02.2007, then the payment made by the petitioner was well within

time. She further states that even if the delay is calculated from the

date of issue of the demand-cum-allotment letter, that is w.e.f.

19.1.2007, the delay is only of 18 days as the respondent/DDA

dispatched the demand-cum-allotment letter dated 19.1.2007 to the

Axis Bank Ltd. only on 23.1.2007.

7. Having regard to the facts and circumstances to the present

case, it is apparent that the delay, if any, on the part of the petitioner

in depositing the amount with the respondent/DDA, in terms of the

demand-cum-allotment letter is not hit by limitation and the payment

made by the petitioner was therefore well within time. As per Clause

15 of the DDA Housing Scheme 2006, the allottee is liable to make the

payment within a period of 90 days from the date of issue of the

demand letter, without interest. Thereafter, the allottee is liable to

deposit the amount in not more than next 90 days, along with interest

@ 15% p.a. compounded as on 31st March. If the payment is not

made within 180 days, including interest, from the date of the demand

letter, allotment of the flat is liable to be automatically cancelled,

without issuance of any notice to show cause by the respondent/DDA

for cancellation.

8. In the present case, even as per the respondent/DDA, the

letter in question was not dispatched to the petitioner, but to the Axis

Bank Ltd. It is an undisputed position that the Bank dispatched the

demand-cum-allotment letter to the petitioner only on 17.2.2007.

Hence, the date of receipt of the demand-cum-allotment letter has to

be reckoned from the date when the same was actually received by

the petitioner and not from the date on which the Bank received the

same from the respondent/DDA. If calculated from the aforesaid date,

i.e. from 17.2.2007, the period of 90+90=180 days expired on

16.8.2007. The petitioner, however, tendered the entire payment by

01.08.2007, i.e. well within the period of 180 days. Even otherwise, if

the period of 180 days is calculated from 23.1.2007, the date of

dispatch of the demand letter, by the respondent/DDA, the period of

180 days expired on 22.7.2007, which would mean that the delay, if

any, on the part of the petitioner in making the payment, is at best, of

a few days.

9. In these circumstances, it is deemed appropriate to allow

the writ petition by directing the respondent/DDA to regularize the

allotment of the MIG flat bearing No.195, 2nd Floor, Sector A-10, Pocket

2, Narela, Delhi in favour of the petitioner. The respondent/DDA is

directed to take necessary steps to process the case of the petitioner

for handing over possession thereof to him within a period of four

weeks from today. The petitioner shall complete all necessary

formalities as required by the respondent/DDA in terms of its letter,

whereafter the respondent/DDA shall handover the physical possession

of the flat by executing all necessary documents in favour of the

petitioner and conveying the same to him, as per law.

10. The writ petition is disposed of along with the pending

application.

HIMA KOHLI,J MARCH 12, 2009 sk