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2007 Supreme(Del) 2612

GITA MITTAL
NARESH KUMAR – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates appeared:
For the Petitioner:Mr. N. Kinra, Advocate.
For the Respondent:Mr. Yeeshu Jail, Advocate.

JUDGMENT

Gita Mittal, J. (Oral) - The present petition assails the action of the DDA in cancelling allotment of a flat allotted to him. The petitioner was an applicant with the DDA in respect of a Janta flat in the NPRS of 1979. There is no dispute that the allotment of the flat matured in favour of the petitioner in the year 1990. This allotment was cancelled on 17th September, 1990 on the ground that the petitioner had failed to make payment and had not submitted the required papers.

2. The petitioner has contended that on receipt of demand-cum-allotment letter dated 24th April, 1990 which stipulated the last date of payment as 1st August, 1990, the petitioner, made payments towards this flat in terms of the allotment letter dated 16th July, 1990. Reliance is placed on the deposit of documents by him on 17th September, 1990 against receipt. Despite these facts having been brought to the notice of the DDA, a demand for cancellation charges was raised upon him.

3. Mr. Kinra, learned Counsel for the petitioner, has submitted that the petitioner complied with the illegal demand and deposited on 27th October, 1990 a sum of Rs. 1,383/- towards the cancellation charges. It is pointed but
























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