Delhi High Court - Orders
Vinod Kumar Gupta vs Delhi Development Authority on 20 April, 2023
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~74
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4997/2023 & CM APPL. 19495/2023
VINOD KUMAR GUPTA ..... Petitioner
Through: Ms. Ritu Rastogi, Advocate with Mr.
Sanjay Kumar Visen and Mr. Amit
Gupta
versus
DELHI DEVELOPMENT AUTHORITY ..... Respondent
Through: Ms. Mrinalini Sen, Standing Counsel
along with Mr. Shantanu, Advocate
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 20.04.2023 CM APPL. 19494/2023 (For Exemption) Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of. W.P.(C) 4997/2023 & CM APPL. 19495/2023
1. The present petition has been filed by the Petitioner aggrieved by the order dated 09.12.2022 ('impugned order') passed by Respondent, DDA rejecting the representation of the Petitioner for seeking extension of time to pay the costs of the allotted flat F7-21, Second (2nd) Floor, C1uster- Pocket, Block-F, Vasant Kunj, New Delhi('flat') in terms of the allotment letter dated 11.02.2020.
2. The learned counsel for the Petitioner states on instructions that the Petitioner is willing to pay the entire amount of the costs of the flat along Signature Not Verified Digitally Signed By:RASHMI DABAS Signing Date:22.04.2023 03:38:45 with interest rate of 14% as demanded by Respondent, DDA vide its public notice 26.07.2021. She states that sum of Rs. 2 lakhs were initially already been paid to Respondent DDA.
3. She relies upon the extension of time granted to one Ms. Ankita Singh by Respondent, DDA with respect to the Flat No. F-6/34 in Vasant Kunj area on payment of interest. The file no. of the said allotment is 2/365(27)2019/DDA19/VK. She states that the Petitioner is similarly placed.
4. She states that the circumstances in which the money could not be deposited by the Petitioner have been recorded by this Court vide order dated 21.02.2022 passed in W.P.(C) 13419/2021.
5. She states that the Petitioner herein had approached this Court in 2021 (in W.P.(C) 13419/2021) seeking extension of time and has been pursuing her claims before Respondent, DDA as is evident from filing of the subsequent W.P.(C) 15483/2023 as well.
6. She states that since the flat was allotted under DDA Housing Scheme, 2019 and upon cancellation, the said flat will be offered to another allottee on the 'same price' (cost) as mentioned in the allotment letter dated 11.02.2020.
7. She states that the Petitioner is willing to deposit the entire balance amount with interest with the Respondent, DDA immediately and therefore no prejudice will be caused to the public exchequer; and infact the DDA will gain from interest.
8. In reply, the learned standing counsel for Respondent, DDA states that the order dated 09.12.2022 is well-reasoned speaking order and the Petitioner representation herein has been duly considered and rejected.
9. She states however, the averments pertaining to allotment in favour of Signature Not Verified Digitally Signed By:RASHMI DABAS Signing Date:22.04.2023 03:38:45 third-party Ms. Ankita Singh or extension of time granted to the said 3rd party, has not been pleaded in this petition and she has no instruction in this regard.
10. This Court has considered the submissions of the parties.
11. The learned counsel for the Respondent, DDA is directed to seek instructions on the offer made by the Petitioner to forthwith pay the balance amount with interest at 14%.
12. The Respondent while considering the said issue is directed to bear in mind that the flat which was allotted to the Petitioner is under the DDA Housing Scheme of 2019 and not allotted in an auction process to the Petitioner.
13. DDA is also directed to bear in mind that similar extension of time was offered by public notice dated 26.07.2021 to other allottees and to the 3rd party Ms. Ankita Singh, on payment of 14% interest.
14. Respondent DDA is directed to file its written note before the next date of hearing.
15. To enable the learned counsel for the Respondent, DDA to take instructions, list on 23.05.2023 MANMEET PRITAM SINGH ARORA, J APRIL 20, 2023/hp/ms Signature Not Verified Digitally Signed By:RASHMI DABAS Signing Date:22.04.2023 03:38:45