Delhi High Court
Hemant Kumar vs Lt. Governor & Another on 8 May, 2009
Author: Sanjiv Khanna
16.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3144/2008
Date of decision: 8th May, 2009
HEMANT KUMAR ..... Petitioner
Through Mr. Atul Bandhu, Advocate.
Versus
LT. GOVERNOR & ANR. ..... Respondents
Through Ms. Sangeeta Chandra, Advocate for
DDA.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
1. Whether Reporters of local papers may be
allowed to see the judgment?
2. To be referred to the Reporter or not ?
3. Whether the judgment should be reported
in the Digest ?
ORDER
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1. This is the second round of litigation. The petitioner-Mr. Hemant
Kumar had earlier filed W.P. (C) No. 12607/2006.
2. The petitioner was registered under Ambedkar Avas Yojna of DDA
on 4th December, 1989 on deposit of Rs.12,000/-. After waiting for about
15 years, the petitioner was allotted a MIG flat in Dwarka vide demand-
cum-allotment letter with block dates 25th September, 2003- 30th
September, 2003. The allotment was on hire-purchase basis with
substantially high rate of interest. The petitioner made a representation
W.P. (C) No. 3144/2008 Page 1
for allotment on cash down basis to save the incidence of interest. The
said request was accepted by DDA vide their letter dated 19th January,
2004 and the petitioner was called upon to deposit cost of the flat of
Rs.10,25,876/-. The letter also stipulated last date of payment with
interest. This letter was received back undelivered. Subsequently, this
letter was delivered by hand on 23rd September, 2004. The petitioner
made payments of Rs.14,788/- on 21st January, 2004 and Rs.7,394/- on
24th March, 2004. Thereafter, the petitioner made payments of
Rs.1,48,000/- on 7th February, 2005 and Rs.8,56,000/- on 13th April, 2005.
Thus, the petitioner has made total payment of Rs.10,38,182/- including
initial deposit of Rs.12,000/-..
3. DDA, on the other hand, by their letter dated 24th February, 2005
informed the petitioner that the allotment of the said flat stands cancelled.
This Court noticed the aforesaid facts and by order dated 1st August, 2007
in W.P. (C) No. 12607/2006 called upon the respondent-DDA to re-
examine and reconsider. The observations made by the Court in the order
dated 1st August, 2007 are as under:-
"10. This Court has in a number of orders issued
recently (for instance, the order dated 8.1.2007 in
WP(C) No. 8627 of 2006 Hari Krishna Madan
v. DDA) required the DDA to examine the cases
of late payment in terms of DDA‟s policy dated
1.6.2000 as modified on 31.8.2001 and 7.6.2005.
The records of the DDA will have to indicate its
conscious decision after examining the case of
each such belated payment in light of the policy
as modified. Particularly, the DDA will have to
W.P. (C) No. 3144/2008 Page 2
apply certain objective criteria to come to the
conclusion whether the delay in a given case can
be condoned. While in cases of delay up to 3
years, the criteria is of a „deserving‟ case, there is
no such criteria where the delay is less than one
year. In the instant case, delay is up to a period
of one year and power to restore the allotment is
with the Commissioner (Housing)."
4. Unfortunately, but not surprisingly DDA has refused to accept the
request of the petitioner vide file noting placed on record with the counter
affidavit. It is recorded by the Commissioner (Housing) that the petitioner
allottee had failed to make payment within the time limit stipulated in the
demand letter, i.e., by 19th January, 2004 and accordingly the cancellation
of allotment on 24th February, 2005 was justified on the ground that
sufficient time had been granted to the petitioner allottee to deposit the
demanded amount.
5. The aforesaid file noting in substance ignores the observations made
in the order dated 1st August, 2007 in W.P. (C) No. 12607/2006. The delay
in making payment is there. The question is whether the petitioner should
be penalized after he has waited for 15 years and deposited of the full
amount albeit late within 7 months of the last date. The Court had noted
that in deserving cases delay of upto three years can be condoned. The
Court had also noticed that the petitioner had made voluntary payments
though this by itself per se does not entitle the petitioner to automatic
restoration. Just, fair and a reasonable approach is required from DDA. It
W.P. (C) No. 3144/2008 Page 3
is difficult to ignore the fact that the petitioner has been waiting for
allotment since 1989. Difficulties and problems in arranging for funds
specially for persons belonging to lower income groups can be well
appreciated. The petitioner along with his additional affidavit has filed on
record letters written during 2004 till April, 2005 by him to DDA informing
that he was arranging for funds and for this purpose he wanted to
mortgage the flat. Request was made to DDA to permit mortgage. The
petitioner has also filed on record certificates relating to his treatment of
thyroid. These are relevant aspects, which should have been taken into
consideration by the Commissioner (Housing). At this stage, learned
counsel for the petitioner states that to buy peace of mind and to bring the
litigation to an end, the petitioner is ready and willing to pay the current
cost of the flat as on the date of the passing of the order. He states that
the matter may not be remanded back for fresh consideration as there will
be further delay and the petitioner may be burdened with additional and
increase in the cost of flat. He states that the petitioner was registered in
the year 1989 and nearly 20 years have lapsed since then.
6. In view of the above, the writ petition is allowed and DDA is directed
to allot a flat to the petitioner at Dwarka or in the vicinity in the next mini
draw of lots, which will be held within three months. The petitioner will be
charged cost as on the date of this judgment. The petitioner will be,
however, entitled to interest on the amounts paid by him @ 10% per
W.P. (C) No. 3144/2008 Page 4
annum from the date of payment till allotment is made.
The writ petition is disposed of. No costs.
SANJIV KHANNA, J.
MAY 08, 2009
VKR
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