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1998 Supreme(Del) 966

MADAN B.LOKUR, MUKUL MUDGAL
DELHI DEVELOPMENT AUTHORITY – Appellant
Versus
DHANI RAM KAPOOR – Respondent


Anil Dev Singh, J: (Oral)

( 1 ) THIS is a Letters Patent Appeal against the judgment of the learned Single Judge dated 10/1/1997. The only point of dispute in the present appeal is as to whether allotment of a flat in the name of the writ petitioner (re- spondent herein) was liable to be cancelled on the ground of delay in submission of the relevant documents along with proof of payment to the appellant-Delhi Development Authority within the prescribed period of ninety days from the date of issue of the letter of allotment. There is no dispute that the petitioner had made full payment for the flat to the appellant. As per the stand of the appellant the respondent was required to submit the documents to it by August 1, 1990 but the same were submitted on November 16, 1990. Learned counsel for the appellant submits that the delay in sub- mission of the documents entails cancellation of the allotment of the flat. The same submission was made before the learned Single Judge which was rejected by him.

( 2 ) WE do not find any infirmity in the order of the learned Single Judge. The term as to deposit of documents within a particular period of time cannot be held to be man- datory in natur




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