Dda vs Om Prakash Sapra
2013 Latest Caselaw 3419 Del

        THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 02.08.2013

+       LPA No. 547/2013

DDA                                                      ...   Appellant
                                         versus

OM PRAKASH SAPRA                                         ...   Respondents

Advocates who appeared in this case:
For the Appellant     : Mr Ajay Verma
For the Respondent    : None

CORAM:-
HON'BLE MR JUSTICE BADAR DURREZ AHMED, ACTING
CHIEF JUSTICE.
HON'BLE MR JUSTICE VIBHU BAKHRU

                                   JUDGMENT

BADAR DURREZ AHMED, ACJ (Oral)

CM No. 11736/2013 Exemption is allowed subject to all just exceptions. CM No. 11734/2013 (Conodation of delay) The delay in filing is condoned.

The application is allowed.

LPA No. 547/2013 & CM No. 11735/2013

1. This appeal is directed against the judgment dated 22.05.2013 delivered by a learned Single Judge of this court in W.P.(C) No. 151/2010.

2. The respondent had applied under the Sixth Self Financing Housing Registration Scheme - 1985 of the DDA for allotment of a Category - II flat. As per the scheme, first an allocation is made and four installments are to be cleared by the person concerned. Thereafter, a specific allotment is made after a draw of lots. Consequent upon the draw of lots and specific allotment, the allottee is directed by a demand letter to pay the fifth and final installment.

3. In the present case what has happened is that after the respondent applied for a flat under the said scheme, he was allocated a flat in Category II, SFS, Ground Floor in Block No. 7, Dwarka. The respondent paid the first installment in time but delayed the payments of the second and third installments. As a result, on 01.05.1997 the said allocation was cancelled. Subsequently, the respondent paid the fourth installment on 15.11.1997 and the delay in paying the installments was condoned. The learned counsel for the appellant submitted that the delay was condoned not by the competent authority but by an officer who did not have the requisite authority to do so. According to him, it was only the Lieutenant Governor who could have condoned the delay. Be that as it may, insofar as the respondent is concerned, he was informed that the allocation has been revived. The DDA also acted on the same basis and in the draw of lots held on 24.12.1999, the respondent was specifically allotted a flat No. 31-A, Ground Floor, Category - II, Sector - 7, Pocket - 2, Dwarka. Subsequently, a demand letter was issued on 22.03.2000 for payment of the fifth and final installment. That was not paid by the respondent and that is why the appellant cancelled the allotment, according to the learned counsel for the

appellant, automatically. However, it transpired that the said flat No. 31-A could not have been allotted to the respondent as that flat already stood allotted to one Rakesh Kumar. As a result, the appellant offered the respondent flat No. 19-A, Ground Floor, Category II, Sector 7, Pocket 2, Dwarka on 10.11.2000 in lieu of the said flat No. 31-A.

4. From the above circumstances, it is apparent that the initial allocation which was cancelled in 1997 was restored and the DDA also treated the same as restored, therefore, the argument that it was not restored pursuant to an order passed by the Lieutenant Governor does not have any merit. Furthermore, the necessity of making the payment for the fifth and final installment would only arise when a proper allotment is made to the allottee. In the present case, we find that flat No. 31A could not have been allotted to the respondent as it had already been allotted by the appellant to one Rakesh Kumar. That being the position, it cannot be regarded as an allotment at all. Consequently, the requirement of making the payment for the fifth and final installment did not arise at all till the alternative flat No. 19A was offered by the appellant on 10.11.2000. It is in these circumstances that the learned Single Judge has directed as under:-

"For the reasons stated hereinabove, DDA is directed to issue a Demand-cumAllotment Letter to the petitioner in respect of Flat No.19A, Ground Floor, Category-II in Sector-7, Pocket-2 of Dwarka, in case the aforesaid flat is still available for allotment to the petitioner. DDA shall be entitled to charge the price of the aforesaid flat, as prevailing on 10 th November, 2000, along with interest, on the balance amount payable by the petitioner for the aforesaid flat @ 12% p.a.(simple). In case the aforesaid flat is not

available for allotment to the petitioner, DDA shall allot some other Category-II SFS Flat to the petitioner by holding a mini draw within eight weeks and will charge the price, as was prevailing on 10 th November, 2000, in respect of flat along with interest on the balance amount payable by the petitioner at the 12% p.a. (simple).

The Demand-cum-Allotment Letter, in terms of the order shall be issued by DDA within eight weeks, after verifying the identity and address of the petitioner. The petitioner will make the balance payment from his personal account, which should have been opened prior to 22.05.2013, and this will be confirmed by DDA before issuing possession letter to the petitioner. The writ petition stands disposed of. No order as to costs."

5. We agree entirely with the directions given by the learned Single Judge. The appeal has no merit, the same is dismissed with no order as to costs.

BADAR DURREZ AHMED, ACJ

VIBHU BAKHRU, J August 2, 2013 SU