Back
High Court Of Delhi
K.BHATTACHARJI - Appellant
Versus
DELHI DEVELOPMENT AUTHORITY - Respondent
Decided On : 07/01/1996
Held:
The scheme floated by the respondent DDA is a non-statutory scheme. Registration under the Scheme confers merely an eligibility to make an application for allotment which would be done pursuant to the draw held by the DDA. The letter of allotment issued by the DDA is an offer which the allottee may or may not accept. If he accepts, then a concluded contract comes into existence. The action of the DDA before or after entering into the contract can be tested on the touchstone of Article 14 only to find out if the DDA has acted arbitrarily,whimsically or capriciously. So far ax challenge to the costing pattern of the DDA and escalation in the price of the flats is concerned, we do not find any reason to disbelieve the statement on affidavit made on behalf of the DDA that the cost of the flats was determined on no-profit-no -loss basis. No material has been brought on record to hold DDA having acted arbitrarily, whimsically or capriciously
The prices announced were only tentative and the DDA had reserved its right to revise the same. It will itself be arbitrary to bound down DDA in the year 1993 to the tentative price tag of the year 1979.
"..an obligation to hand over possession over the flats arises only on payment being made consistently with the terms of the scheme and letter of allotment."
"..the allottee cannot withhold payment unless and until the DDA delivers possession over the flat to him. It is the other way round. He has to make the payment and then only insist on possession being delivered to him on the allotted flat."
"while taking the possession the allottee would have every right to insist on the flat being habitable and fit for human residence. If the DDA fails in discharging its such obligation, two courses are open to the allottee. He may put an end to the contract and seek a refund of the amount paid by him, also hold DDA liable for breach of contract, or he may take delivery of possession and then compel performance by the DDA of its unfulfilled obligations."
( 1 ) IN the year 1979, Delhi Development Authority announced a scheme known as Registration Scheme on New Pattern of Inlending Purchasers of Flats to be Constructed by the Delhi Development Authority (hereinafter rsnp or the scheme -for short ). The object of the Scheme was to reduce the sale price of MIG/lig and Janta flats so as to be within the reach of the common man with easier mode to facilitate payments. The Scheme opened on 1. 9. 1979 and closed on 30. 9. 1979. The original scheme is available on record of civil writ petitions. Salient features thereof are noticed hereinafter.
( 2 ) THE applicants to be eligible to apply under the scheme must not own any residential house or plot in full or in part on leasehold or freehold basis in the Union Territory of Delhi either in own name or in the name of spouse, minor and/or dependent children, dependent parent or dependent minor sisters and brothers. 2. 1 The applicants were required to make deposits as under :- CATEGORY INCOME RANGE REGISTRATION DEPOSIT2. 2 The income of the applicant relevant for the Scheme was relatable to the financial year 1978- 1979. The allotment of flats was to be by draw of lots like that of a financing scheme. Forty per cent of the MIG flats were to be allotted on cash down basis and sixty per cent on hire-purchase basis. The proportion in the case of LIG Janta flats was kept at 25% and 75% respectively. In case of flats allotted on hire-purchase basis, the cost of land plus 20% of the balance cost of the flat was recoverable as initial deposit at the time of allotment and balance amount recoverable in monthly instalments spread over a period of 7, 10 and 15 years respectively in case of MIG, LIG, Janta flats. 2. 3. Plinth area and accommodation of the flats was also notified tentatively. It was stated that likely cost of the flats constructed under the said scheme would be Rs. 42,000. 00 , 18. 000. 00 and 8,000. 00 for MIG, LIG and Janta flats respectively. 2. 4 There are a few terms of the scheme which deserve to be extracted and reproduced as under:
"14. It may please be noted that the plinth area of the flats indicated and the estimated prices mentioned in the brochure are illustrative and are subject to revision/modification depending upon the exigencies of lay out, cost of construction etc. "
"16. As and when a group of houses is ready for disposal an advertisement will be made in the Press. Only registered persons would be eligible to apply in the prescribed form quoting the number of their Registration Certificates and Deposit receipts. "
"24. The payment for the flat will be made by the allottees after adjusting the amount deposited by them at the time of registration and the interest due if any. "
"26. The above terms and conditions will be followed generally but the DDA reserves its right to alter any of them in its discretion as and when considered necessary. "
"29. The allotments to be made under the registration scheme would be governed by the rules of the Delhi Development Authority (Management and Disposal of Housing Estates) Regulations, 1968. "
( 3 ) THE Delhi Development Authority took up the construction work of the flats in a phased manner. It appears that so far as the petitioners are concerned the Delhi Development Authority started holding draw of lots and issuing allotment letters in the year 1993. The flats are situated in different localities. We are concerned with the flats located in (i) pocket-C Jhilmil Phase-II, (ii) Jasola, and (iii) Jahangirpuri. A number of petitions have been filed. They are grouped as under: Pocket-C Jhilmil Phase ll-CWPs 4859/95, 1458/95, 4640/95, 4509/95 5086/94, 706/95, 1506/95, 1507/95, 2437/94, 2438/94, 3364/94, 3365/94, 3429/94,3430/94, 3431/94 3432/94, 3921/94, 3948/94,2091/95 Jasola -CWPs 4124/94, 4244/94, 4245/94, 4246/94, 4247/94, 4248/94, 4326/94, 4327/94, 4328/94 4329/94, 4392/94, 4393/94, 4394/94, 4395/94, 4396/94, 4397/94, 4398/94,4852/94,971/95,972/95. Jahangirpuri C
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
