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2008 Supreme(Del) 1084

GITA MITTAL
Vijay Kumar Gupta – Appellant
Versus
Delhi Development Authority – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Sanjay Sharawat, Sunil Verma, Advs. and Party-in-Person
For Respondents/Defendant:Yeeshu Jain, Adv. Respondent No. 1, O.P. Arya and Y. Sharma, Advs. for Respondent No. 2

JUDGMENT

Gita Mittal, J.

.1. By this judgment, I propose to decide this writ petition filed by the petitioner wherein the following relief has been sought:

.(a) Pass an appropriate writ, order or direction in the nature of Mandamus directing the Respondent No. 1 to allot an alternative plot to the petitioner in lieu of the plot bearing No. 36, Pocket - 2, Block - B, Sector - 16, Rohini, Delhi admeasuring 60 Sq. mtrs. as per the terms and conditions of the original allotment and in the same sector or in any other similarly developed sector and location; and

.(b) Pass an appropriate writ, order or direction in the nature of Mandamus directing the respondent No. 1 to pay to the petitioner a compensatory damages quantified as Rs. 20,00,000/- (Rupees twenty lakhs only) for violation of the fundamental right by non delivery of the plot in question till date despite allotment being made in 1985 and possession delivered in 1988.

2. There is no material dispute by the respondents to the facts placed by the petitioner before this court. It is an admitted position that the Delhi Development Authority, respondent No. 1 herein, announced a scheme for allotment of plots in 1981 in new project whi


































































































































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