LOVE DEV Vs. DELHI DEVELOPMENT AUTHORITY
LAWS(DLH)-2013-5-3
HIGH COURT OF DELHI
Decided on May 01,2013

Love Dev Appellant
VERSUS
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

- (1.)The petitioner before this Court got registered with DDA under its New Pattern Registration Scheme, 1979 (NPRS-79) for allotment of an MIG flat. On the turn of the petitioner maturing, a flat bearing number 153(GF), Pocket 4, Sector 10, Group-1, Narela came to be allotted to him on hire-purchase basis. However, before the allotment letter in respect of the above referred flat could be issued to be petitioner. The following endorsement was made by DDA on the allotment-cumdemand letter:
" Already allotted vide File No.32/72/90-PV".

The learned counsel for the respondent states that on scrutiny of the DDA file he finds that misunderstanding was that the petitioner had already been allotted a flat though in fact no flat had actually been allotted to him. However, the learned counsel for the petitioner states that as per his information, the aforesaid flat had been allotted by DDA to one Mr. E.W. Browne vide File No.32/72/90-PL. Be that as it may, the fact remains that the allotment-cum-demand letter in respect of the aforesaid flat was not issued to the petitioner and, therefore, he could not get benefit of the allotment made to him.

(2.)Since no fresh allotment was forthcoming to the petitioner, a writ petition was filed by him before this Court which culminated in the order dated 6.4.1996 passed by a Division Bench of this Court in LPA No.5 of 2009 titled Love Dev Vs. DDA. The Division Bench disposed of the LPA filed by the petitioner with the following observations:
"Learned counsel appearing for the DDA stated that the case of the appellant has been re-examined and a decision has been taken to allot a flat to the appellant as per the charges prevailing in 1994 and as per the policy. He says that the allotment shall be made within a period of eight weeks from today.

In view of the statement made by the learned counsel for the respondent, nothing survives in this appeal. The appeal stands disposed of."

(3.)In compliance of the aforesaid order dated 6.4.2009, the respondent-DDA issued a fresh demand-cum-allotment letter to the petitioner in respect of Flat No.105 (GF), Group-I, Pocket-4, Sector-A-9, Narela. Though the price of the flat sought to be charged from the petitioner vide demand-cum-allotment dated 11.4.1994-17.4.1994 was Rs.4,90,300/-, the price sought to be charged by way of new demand-cum-allotment letter dated 27.10.2009-3.11.2009 was Rs.10,97,127.50. According to DDA, the aforesaid amount of Rs.10,97,127.50 has been arrived at by adding simple interest @ 7% per annum on the price sought to be charged vide allotment letter dated 11.4.1994-17.4.1994.


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