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JASMEET SINGH
Ishwar Chand Jain – Appellant
Versus
Delhi Development Authority – Respondent
JUDGMENT
Jasmeet Singh, J. - In a State like Delhi, majority of Delhites have one dream i.e. to own a property in their name. It is not easy for the middle and lower income groups to own a property in Delhi and Delhi Development Authority ("DDA") from time to time comes out with schemes of fulfilling this dream of owning a property. One such scheme was the New Pattern Registration Scheme -1979 wherein the DDA floated flats for middle income group, lower income group and Janta category.
2. This is a writ petition filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-
"a) issue an appropriate Writ/Order or Direction in the nature of mandamus to the DDA to issue a allotment letter to the petitioner of Flat No. 180, First Floor, Pocket No. 13, Sector No. 22, Rohini, Delhi or any other Flat allotted to the Petitioner against receipt of allotment price and to deliver possession thereof and to complete all other necessary formalities in that behalf; and
THE FACTUAL BACKGROUND
3. The respondent no. 1 is the DDA and respondent no. 2 is the Director (Housing). Both the parties are collectively referred to as DDA.
4. The DDA floated a scheme called "N
The non-inclusion of a registrant in the allotment draw due to administrative errors must be rectified; however, claims can be barred by unexplained delays.
The court emphasized the importance of timely action and found the petitioner's case to be barred by laches, leading to the dismissal of the petition.
Failure to adhere to mandatory payment schedules in housing scheme allotments, particularly involving a delay of over three years, constitutes a valid ground for automatic cancellation under contract....
Timely action against administrative decisions is essential, as courts cannot condone delays after significant lapses, particularly when property rights have transferred.
The relevant date for eligibility under a scheme is the date of application, not the provisional allotment date. Delay caused by the authority in making allotments must be taken into account.
Judicial review in pricing disputes is limited, and cost revisions are governed by contract law.
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