DDA v. Kumud Makhija & Anr

RAJIV SAHAI ENDLAW, J

AUGUST 27, 2018 'pp'..

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 27th August, 2018. + W.P.(C) 3225/2011 & CM No.15492/2013 [of R-1(iv) for recalling of order dated 3rd April, 2013). DDA ..... Petitioner Through: Mr. Pawan Mathur, Adv. versus KUMUD MAKHIJA (DECEASED THROUGH LRS) & ANR ..... Respondents Through: Ms. Ankita Chaudhary Rathi, Adv. for R-1(i) to (iii). Mr. Neeraj Kumar Shah and Mr. Pradeep Kumar, Advs. for R-1(iv). CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This petition under Article 227 of the Constitution of India impugns the order [dated 16th October, 2010 in PP Act Case No.14/2008 of the Court of the District Judge-VIII, Rohini acting as Appellate Officer under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PP Act)], of allowing the appeal preferred by the respondent No.1 against the order [dated 28th March, 2007 under Section 5 of the PP Act of the respondent no.2 Estate Officer of the petitioner Delhi Development Authority (DDA)] of eviction of Somati Devi and whosoever else may be found in possession of, from flat no.108-C, Pocket-C, Block-C, Shalimar Bagh, New Delhi. 2. This petition came up first before this Court on 13th May, 2011 and after calling for the records of proceedings before the respondent no.2 Estate Officer, notice of the petition was issued on 28th July, 2011. Since then, the proceedings have been adjourned from time to time. The respondent No.1 has filed a counter affidavit. The counsel for the petitioner DDA and the counsels for the respondent no.1 have been heard. 3. It is not in dispute that one Smt. Somati Devi resident of 2092, Tilak Chowk, Mukim Pura, Subzi Mandi, Delhi – 110 007, vide letter dated 01/07/1987-06/07/1987 of the petitioner DDA, was declared successful for allotment of the flat No.108-C, Pocket C, Block C, Shalimar Bagh, New Delhi on the terms and conditions contained in the said letter and as also in terms of Delhi Development Authority (Management & Disposal of Housing Estate) Regulations, 1968. The disposal cost of the flat as disclosed in the said letter was Rs.1,26,300/- and which was to be paid by an initial deposit of Rs.30,800/- and the balance amount was payable in instalments of Rs.1278.25p per month w.e.f. 10th September, 1987. The allotment letter inter alia provided the following terms of "Hire Purchase":- "3. This allotment is subject to the terms and conditions stipulated in the brochure for registration in New Pattern of 1979 framed under the provisions of the Delhi Development Authority (Management & Disposal of Housing Estate) Regulations, 1968 which are as under:- (i) The amount demanded should be paid in the form of Demand Draft drawn in favour of the DDA (Housing Deptt.) or in cash by means of a challan in quadruplicate (enclosed) in the following branches of the State Bank of India Central Bank of India by or before the stipulated date i.e. within one months from the date of issue of this letter, failing which the allotment shall be liable to be cancelled without any further reference. Out of the two copies of the Challan returned to you by the bank, one may be retained by you and the other should be sent to the undersigned alongwith a forwarding letter. Names of the branches of the State Bank of India Central North South East West Chandni Chowk, Parliament Street (H.O.) Azadpur, Jahangirpuri, Wazirpur (Ind. Area) R.K. Puram, Malviya Ngr., Lajpat Ngr. (Ring Raod), Kalkaji I.P. Estate, Trilokpuri, Himmat Puri, D.D.A. Bldg. Vikas Minar Kamla Nagar, Punjabi Bagh, Ajmal Khan Road, Karol Bagh, Tilak Nagar, Janakpuri, Naraina, Delhi Cantt., Rajouri Garden, Mayapuri, Jwala Heri Name of the branches of the Central Bank of India Central North South East West 10/19, Connaught Circus Lawrance Road 55, Madhuban Nehru Place, 2-E, South Extn. Petitioner.II Link House, B.S. Zafar Marg, D.D.A. Bldg. Vikas Minar 2/14, East Patel Nagar, B-1/29, Community Centre (Near Super Bazar, Janak Puri In case, he/she cannot make the payment