Search Results Page

Search Results

1 - 2 of 2 (0.15 seconds)

Raj Kumar Sharma vs Delhi Development Authority on 11 August, 2008

11. In the present case, the DDA was bound to consider whether the grounds adduced by the Petitioner for not being able to make the payment of instalments in time were genuine and whether the discretion could be exercised in his favour. Apart from stating that the Petitioner should be put to strict proof of the averments regarding his financial difficulties on account of the prolonged illness of his family members, the DDA is not in a position to assert that such claim by the Petitioner is false. The only factor that appears to have weighed with the DDA is that despite granting an extension of 180 days for making payment, the Petitioner did not pay the second instalment within the extended time. Therefore, the allotment was cancelled. This Court finds that the DDA really did not consider whether the delay in the present case should be condoned in terms of its policy. It is not as if the DDA has never condoned a delay of over 500 days in making payment of instalments. Some of the instances are reflected in the notings on files, copies of which have been placed as Annexure P-18 of the paper book. Certain other instances have been noticed by the Division Bench of this Court in its order dated 11 th August 2008 in Raj Kumar Sharma v. Delhi Development Authority. In para 9 of the said order, it was observed as under:
Delhi High Court Cites 1 - Cited by 7 - A P Shah - Full Document

Bhupinder Kumar vs Delhi Development Authority on 19 August, 1997

8. On behalf of the DDA it is submitted by Mr. Rakesh Mittal, learned counsel that no comparison can be made between the other cases where the delay has been condoned and the present case. He pointed out that the Petitioner defaulted in making the payment of the first instalment itself. Discretion was already exercised in his favour when the DDA further granted 180 days to make the payment of the second instalment. Even then the Petitioner did not pay the second instalment in time and there was a delay of 509 days in making the total payment of the second instalment. As regards the plot not being ready for allotment, reliance is placed on the judgment of this Court in Bhupinder Kumar v. Delhi Development Authority 71 (1998) DLT 461 to urge that the allottee was bound to honour the time limits specified in the allotment-cum-demand letter.
Delhi High Court Cites 2 - Cited by 4 - M S Siddiqui - Full Document
1