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1999 Supreme(Del) 79
High Court Of Delhi
G.AKASH - Appellant
Versus
DELHI DEVELOPMENT AUTHORITY - Respondent
Civil 1493 of 1991
Decided On : 01/29/1999
A.SALVAN, P.N.TALVAR, SUNIL AGGARWAL, Vijay Kumar Heroor
Headnote:
K. RAMAMOORTHY - SELF FINANCING SCHEME - DDA (MANAGEMENT AND DISPOSAL OF HOUSING ESTATES) REGULATIONS, 1968 - DELHI DEVELOPMENT ACT, 1957 - LIMITATION ACT, 1963 - Cancellation of allotment of flat during minority of petitioner - Allotment of flat to third respondent - Petitioner's right to flat revived on attaining majority - Allotment to third respondent not binding on petitioner - Petitioner entitled to allotment of flat in similar locality and similar in area to the flat that was allotted to his father.
Fact of the Case:
Petitioner's father was allotted a flat under the Self Financing Scheme of DDA. After his death, the petitioner, who was a minor, applied for transfer of the allotment in his name. However, the DDA cancelled the allotment due to non-payment of the balance amount. The petitioner attained majority and filed a writ petition challenging the cancellation of allotment. The DDA contended that the cancellation was in accordance with the terms of the tripartite agreement and that the allotment had already been made to a third respondent.
Finding of the Court:
The court held that the cancellation of allotment during the petitioner's minority was not binding on him. The court also held that the allotment to the third respondent was not binding on the petitioner as it was made during his minority. The court further held that the petitioner was entitled to allotment of a flat in similar locality and similar in area to the flat that was allotted to his father.
Issues: 1. Whether the cancellation of allotment during the petitioner's minority was valid. 2. Whether the allotment to the third respondent was binding on the petitioner. 3. Whether the petitioner was entitled to allotment of a flat.
Ratio Decidendi: 1. The court held that the cancellation of allotment during the petitioner's minority was not valid as it violated his rights under the Limitation Act, 1963. 2. The court held that the allotment to the third respondent was not binding on the petitioner as it was made during his minority. 3. The court held that the petitioner was entitled to allotment of a flat as he had attained majority and had paid the balance amount.
Final Decision: The court allowed the writ petition and directed the DDA to allot and put the petitioner in possession of a flat in Delhi in similar locality and similar in area to the flat that was allotted to his father without charging any extra amount within six months from the date of the order.
( 1 ) THE writ petitioner has challenged the cancellation of allotment of Flat No. 120 SFS, Sheikh Sarai, Phase-1, New Delhi, by order dated 27. 3. 1985 and the allotment of flat subsequently in 1989 to the third respondent, Shri B. N. Thapar. The facts culminating in the filing of the writ petition can be stated in the following terms:
( 2 ). The father of the petitioner, Professor Mr. Late G. Balakrishna Rao was employed as a Professor in the School of Planning and Architecture, New Delhi. Pursuant to the advertisement by the DDA, the father of the petitioner applied for a membership in the scheme announced by the resondent, DDA, properly known as Self Financing Scheme, hereinafter REFERRED TO to as the scheme. Certificate of Registration No. 1525 was issued by the first respondent on the 9th of January, 1979 in lieu of the acknowledgement to the deposit of Rs. 10,000. 00 by the father of the petitioner. The father of the petitioner was given the allotment letter and the same reads as under:
"sub: Allocation of flat in Category II under Self-Financing Scheme, Sheikh Sarai, Resdl. Scheme. Dear Sir, With reference to your application No. 4216 dated - on the above cited subject, I am directed to inform you that you have been declared successful for the allocation of a flat on first floor/type of Category 11 (A-3) in Sheikh Sarai, Residential Self Financing Scheme in the draw of lots held on 25. 3. 80. The allocation is subject to the terms and conditions as stipulated in the DDA (Management and Disposal of Housing Estates) Regulations, 1968. 2. The estimated cost of the flat comes to Rs. 76,000. 00 which is subject to revision on the completion of flats. You are, therefore, requested to deposit a sum of Rs. 8,171. 00 (Rupees eight thousand one hundred and seventy one only) as per details below within one month from the date of issue of this letter failing which the allocation is liable to be cancelled: (i) Total estimated cost Rs. 76,000 of the flat (ii) Amount of 1st Rs. 19,000 Instalment/three Instalments. (iii) Amount already (-) Rs. 10,000 deposited vide Deposit Receipt No. 4323 dt. _____ (iv) Interest accrued (-) Rs. 829 on the above deposit upto the date of specific draw. Total (iii) + (iv) (-) Rs. 10,829 Instalment/three Instalments. (v) Net amount payable Rs. 8,171
( 3 ). On the 21st of May, 1980, demand letter was issued by the DDA. On the 19th of June, 1980, the father of the petitioner wrote to the DDA in the following terms:
"with reference to the Demand Letter No. F10 149/80/1525/sfs dated 21. 5. 80 issued by the Deputy Director (H)I, I am enclosing herewith 4th copy of the Draft Receipt No. 31719 dated 31. 1. 79 along with the Deposit Receipt No. 4323 dated 18. 1. 79 for Rs. 10,000. 00. The Deposit Receipt is discharged by affixing a Revenue Stamp of paise 20 at its back and acknowledging receipt of the payment against it through adjustment account. My particulars are as under: (1) Name : G. B. Krishna Rao (2) Locality in : Sheikh Sarai which allocation is made (3) Category of Flat : II (4) Amount of Registration : Rs. 10,000. 00 Deposit shown in the Demand Letter (5) Amount of interest : Rs. 829. 00 shown in the Demand Letter (6) Date of Draw : 25. 3. 80
( 4 ). On the 5th of November, 1980, the School of Planning and Architecture, the employer of the father of the petitioner, wrote to the father of the petitioner directing him to furnish certain documents for the purpose of considering his application for the grant of loan for the purchase of flat. On the 8th of January, 1981, the DDA wrote to the father of the petitioner in the following terms:
"i am directed to refer to the Demand-cum-Allocation letter of even No. dated 21. 5. 80 on the above subject allocating to you a flat in Block/floor 1st Category A-3 at Sheikh Sarai Residential Scheme through draw of lots held on _________ and add to say that in accordance with the terms and condition of the same and keeping in view the progress of constructions o
