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JASMEET SINGH
Kelawati – Appellant
Versus
Delhi Development Authority – Respondent
JUDGMENT
Jasmeet Singh, J.
1. The present writ petition prays for the following substantial reliefs:
"(a) issue a writ of certiorari thereby quashing the communication dated 19-09-2005/21-09-2005 and communication-dated 23-12-2005; and
(b) issue a writ declaration declaring the act of the respondent authority in canceling the allotment of the petitioner, as being totally arbitrary, unjust and unreasonable; and
(c) issue a writ of mandamus thereby directing the respondent authority to allot and hand over the possession of plot measuring 60 Sq.Mtrs. to the petitioner; and..."
2. The brief facts for adjudication of the present writ petition are that -:
a. The petitioner had applied for allotment of a plot of 90 sq.mtrs. under the Rohini Residential Scheme of DDA/respondent authority on 23.03.1981. The petitioner belongs to the Scheduled Caste category and it is alleged by the petitioner that the respondent authority has failed to consider the application of the petitioner under the said category.
b. The petitioner raised the issue of non-consideration before the respondent authority. Since the allotment was not forthcoming, the petitioner in the year of 2002 filed WP(C) 3741/2002 against the
The importance of exercising vested rights within the specified time frame and the authority's discretion in cancellation of allotment.
The court emphasized that failure to comply with payment directives, as mandated by public notice, results in cancellation of allotment, and timely action to enforce rights is critically important.
Writ petitions can be maintained against administrative actions affecting contracts, especially when principles of natural justice and public policy are at stake.
The cancellation of land allotment was invalid as the respondents failed to follow due process and were estopped from questioning the allotment after five years of acquiescence.
The court applied Rule 17 of the DDA (Disposal of Developed Nazul Land) Rules, 1981, and set aside the cancellation of plot allotment due to the petitioner's possession of the plot and non-traceabili....
The main legal point established in the judgment is the interpretation and application of Rule 17 of the DDA (Disposal of Developed Nazul Land) Rules, 1981, which governs the allotment of Nazul land ....
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