Sandeep Arvind v. D.D.A

REVA KHETRAPAL, J 29th FEBRUARY, 2008 nm

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 835/2004 % Date of Decision: 29th February, 2008 SANDEEP ARVIND ..... Appellant Through Mr.Mohan Kumar, Advocate versus D.D.A. ..... Respondent Through Mr.Ajay Verma, Advocate CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE REVA KHETRAPAL 1. Whether reporters of local papers be allowed to see the judgment ?no 2. To be referred to the Reporter or not ? no 3. Whether the judgment should be reported in the Digest ? no DR. MUKUNDAKAM SHARMA, CJ: 1. This appeal is preferred by the appellant on being aggrieved by the judgment and order dated 23rd August, 2004 passed by the learned Single Judge dismissing the writ petition filed by the appellant herein. 2. The appellant through his father was able to put pressure on the then Lt. Governor so as to get allotment of an agency of retail sale of liquefied petroleum gas (LPG) in an area of South Delhi not only out of turn but also in derogation of the Rules and Regulations prevalent during that period. This was probably possible because the father of the appellant was a Correspondent with the All India Radio. After the allotment of said agency, pressure was also put on DDA from the office of the Lt. Governor to allot a shop to the appellant in South Delhi and give immediate possession thereof for the purpose of running the said gas agency. 3. Pursuant to the directions of the Lt. Governor, the DDA by letter dated 17th July, 1986 informed the appellant that he has been allotted a shop for gas agency. On 19th December, 1986, another letter was written by the DDA to the appellant informing him in the following manner: "Shri Sandeep Arvind E-1158, Netaji Nagar, New Delhi - 23 Subject: Allotment of shop No.8 in Block AB/B-6, Safdarjung Enclave. In continuation of this office letter of even number, dated 17.7.86, on the subject indicated above, I am directed to write that a sum of Rs.2/- lacs (Rupees two lacs only) may please be deposited "on account" basis along with an undertaking to the effect that you would pay the difference, if any, on demand from DDA immediately within 15 days of receipt of this office letter, so as to enable us to hand over the possession of the shop pending finalisation of its cost to be charged. Yours faithfully, sd/- ( SOM PARKASH ) Deputy Director (CE)" 4. The aforesaid communication prima facie indicates that pressure was put on DDA not only for giving out of turn allotment of a shop at South Delhi to the appellant but also for immediate handing over of its possession, even before the price for the said shop could be determined by the competent authority. However, DDA directed the appellant to deposit "on account" an amount of Rs.2,00,000/- in order to take possession of the shop pending finalisation of the cost to be charged from the appellant. Instead of depositing the said amount, the father of the appellant again approached the Lt. Governor. The same can be inferred from the file noting dated 19th February, 1987, the contents of which are reproduced below for reference: "Under the policy approved by the DDA, allotment to war widows is made at reserve rates while allotment to other categories is made at average auction rate. This shop was withdrawn from auction on the request of Sh.Arvind Jaiswal and allotted to his son Shri Sandeep Arvind. His request for charging reserve rate is not covered by the policy approved by the DDA. We may, keeping in view the special circumstances of the case, allow Shri Sandeep Arvind to make payment in easy instalments. If approved we may handover possession to Sh.Sandeep Arvind on payment of 50% of the reserve price and obtain an undertaking from him that he would pay the balance amount based on average auction rate within a period of 4 years together with usual interest. This is the maximum period which is permitted for making payment in instalments in exceptional cases. Although it is a hard case, the rules do not permit allotment at reserve rate, we have to charge auction rate