Om Prakash Sapra vs Delhi Development Authority
2013 Latest Caselaw 2437 Del

       *       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                     Date of Decision: 22.05.2013

+      W.P.(C) No.151/2010



OM PRAKASH SAPRA                                          ..... Petitioner

                         Through:     Ms.Richa Kapoor, Advocate

                         versus

DELHI DEVELOPMENT AUTHORITY                                      ..... Respondent

                         Through:     Mr.Ajay Verma, Advocate


CORAM:
HON'BLE MR. JUSTICE V.K.JAIN

                         JUDGMENT

V.K.JAIN, J. (ORAL)

1. The petitioner got himself registered under Sixth Self Financing Housing

Registration Scheme - 1985 of DDA for allotment of a Category-II flat. On the

turn of the petitioner maturing, a Category-II SFS Flat on the ground floor in

Block-7, Dwarka came to be allotted to the petitioner in the draw of lots held on

6.12.1991. A Demand-cum-Allocation Letter bearing block dates 26.12.1991 -

31.12.1991 was issued to the petitioner, requiring him to pay 90% of the estimated

cost of the flat in four half yearly instalments by 31 st July, 1993. The petitioner

deposited three installments within the time stipulated in the Allocation Letter

whereas the fourth installment was deposited late. Subsequently, on a

representation made by the petitioner, the Restoration Committee of DDA in its

meeting held on 27th October, 1999, condoned the delay in making payment in

respect of the aforesaid flat and restored the allotment. A second flat bearing Flat

No.31A, Ground Floor, Category-II, Sector-7, Pocket-2 of Dwarka came to be

allotted to the petitioner in the draw of lots held on 24 th December, 1999. A

Demand-cum-Allotment Letter dated 22nd March, 2000 was issued to the petitioner

requiring him to deposit the amount mentioned therein on or before 19 th July, 2000.

According to DDA, the aforesaid letter was duly dispatched to the petitioner and

was not received back unserved. Instead of making deposit in terms of the said

letter, the petitioner, vide his letter dated 17th April, 2000, informed DDA that since

he had already requested, vide his letter dated 10th January, 2000, to cancel the

aforesaid allotment and a fresh allotment was sought in Sector-7, Pocket-1 or

Sector-6, Pocket-1 on the ground floor, the demand may be reconsidered. This

letter written by the petitioner is a clear indication that the Demand Letter dated

22nd March, 2000 had been received by him though he referred to the said letter as

challan in his letter dated 17th April, 2000.

2. During processing of the file, it was discovered by DDA officials that Flat

No.31A, Ground Floor, Category II, Sector-7, Pocket-2, Dwarka had, in fact been

allotted to one Shri Rakesh Kumar, before it came to be allotted to the petitioner.

Accordingly, with the approval of Commissioner (Housing) of DDA, it was

decided to allot Flat No.19A, Ground Floor, Category-II in Sector-7, Pocket-2 of

Dwarka to the petitioner and an intimation in this regard was sent to him on 10 th

November, 2000.

3. Mr.Ajay Verma learned counsel for the respondent/DDA states that a perusal

of the DDA file which is available with him shows that since the delay in making

payment in terms of the first Demand-cum-Allotment Letter dated 26th December,

1991, 31st December, 1991 being more than four years could have been condoned

only by the Lt. Governor. I, however, find no merit in the contention. Firstly, there

is no material on record to show that such a delay could have been condoned only

by the Chairman of DDA. Secondly, the allottee is not expected to know the

internal delegation of powers in DDA, thirdly admittedly no administrative action

was taken by DDA against the person who condoned the delay beyond his

competence and fourthly the decision to condone the delay was never recalled by

DDA.

4. Since Flat No. 31A, Ground Floor in Sector-7, Pocket 2 had been allotted to

one Rakesh Kumar, before it came to be allotted to the petitioner, it was a mistake

on the part of DDA to have issued a Demand Letter dated 22nd March, 2000 in

respect of the said flat for the simple reason that even if the petitioner was to

deposit money in terms of the said letter, that would have made no difference

because DDA was not in a position to hand over possession of said flat to the

petitioner, the same having already been allotted to Shri Rakesh Kumar. Therefore,

it would be unjust and unreasonable to penalize the petitioner for not making

payment of the fifth instalment in respect of a flat which had already been allotted

to another person and possession of which could not have been delivered to the

petitioner.

5. In any case, since DDA acceding to the request of the petitioner, took a

decision to allot another Flat bearing No. 19A, Ground Floor in Sector-7, Pocket-2

of Dwarka to him and an intimation in this regard was also sent to the petitioner on

10th November, 2000, there is no reason why DDA should not honour the

commitment made to the petitioner in this regard. In my view since DDA had no

justification to issue the Demand Letter dated 22nd March, 2000 as Flat No.31A,

Ground Floor in Sector-7, Pocket-2 of Dwarka had already been allotted to Shri

Rakesh Kumar, non-payment of the fifth and final demand in terms of the said

letter cannot be a ground for DDA to not honouring the decision taken by it to allot

Flat No.19A, Ground Floor, Category-2 in Sector-7, Pocket-II of Dwarka to the

petitioner.

6. For the reasons stated hereinabove, DDA is directed to issue a Demand-cum-

Allotment 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 10th 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 10th 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.

V.K. JAIN, J

MAY 22, 2013 ks