This is a suit for recovery of Rs 61,42,790/-. The plaintiff, which is a society registered under the Delhi Co-operative Society Act, 1973, was allotted 5 acres of land by defendant-DDA, in the year 1982 at 60, Patparganj, Delhi-110092. This land, according to the plaintiff, was sufficient for construction of only 300 flats, whereas the membership of the plaintiff-society, being 462, the defendant was required to allot land measuring 7.66 acres to it. Later, the defendant relaxed the ceiling of 5 acres and offered additional land to the plaintiff for the remaining 160 members and asked it to deposit Rs 11,87,119.80/- towards cost of the additional land. The plaintiff made payment of Rs 6,82,689.65/- vide its letter dated 01.12.1990 and asked the defendant to allot the additional land to it. The defendant, however, did not allot additional land for the remaining 160 members of the plaintiff-society which resulted in increased in the cost of construction of the flats and construction of 300 flats at Patparganj could not be completed within time.

The defendant vide its letter dated 21st April, 1997 directed the plaintiff to deposit Rs 39,88,824.38/- for granting extension