{"id":112050,"date":"2000-11-21T00:00:00","date_gmt":"2000-11-20T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/swarna-khanna-and-ors-vs-delhi-development-authority-on-21-november-2000"},"modified":"2018-10-13T14:21:22","modified_gmt":"2018-10-13T08:51:22","slug":"swarna-khanna-and-ors-vs-delhi-development-authority-on-21-november-2000","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/swarna-khanna-and-ors-vs-delhi-development-authority-on-21-november-2000","title":{"rendered":"Swarna Khanna And Ors. vs Delhi Development Authority on 21 November, 2000"},"content":{"rendered":"<div class=\"docsource_main\">Delhi High Court<\/div>\n<div class=\"doc_title\">Swarna Khanna And Ors. vs Delhi Development Authority on 21 November, 2000<\/div>\n<div class=\"doc_author\">Author: V Jain<\/div>\n<div class=\"doc_bench\">Bench: V Jain<\/div>\n<\/p>\n<pre><\/pre>\n<p>JUDGMENT<\/p>\n<p> Vijender Jain, J.  <\/p>\n<p>1. Prem Nath Khanna applied under Fourth Self Financing Housing (Registration) Scheme 1981 for a category-III flat in 1981. On 14.11.1990 draw of lot was held by the respondent\/DDA and Prem Nath Khanna was declared successful. On 31.11.90 Prem Nath Khanna received demand-cum-allocation letter about allotment of a flat under category -III which is at page 50 of the paper book, inter alia, stating that the said Prem Nath Khanna was declared successful for allotment of a Duplex flat in Vasant Kunj, Block C, Pocket 6 &amp; 7, type-Ill at an estimated cost of Rs. 4,77,200\/-.\n<\/p>\n<p>2. From October 1992 to May 1993 Prem Nath Khanna paid estimated cost of the flat in four instalments within the stipulated dates although on account of the delayed construction the demand was deferred by the respondent itself.\n<\/p>\n<p>3. Final demand letter of fifth instalment was not sent. It was finally sent by the respondent after a lapse of approximately five years. Same is placed at page 58 of the  paper book inter alia demanding from the petitioners who are the real sisters of said Prem Nath Khanna who died as a bachelor sometime in 1996 amounting to Rs. 14,81,301\/ =. Three sisters of the deceased Prem Nath Khanna aggrieved by the said demand of Rs. 14,81,301 have filed the present petition.\n<\/p>\n<p>4. Learned counsel for the petitioners has contended that the draw of lot was held on 15.7.93 and a specific flat No. 6013 in pocket C-6 and C-7, Vasant Kunj, New Delhi was allotted to Prem Nath Khanna. However, no intimation of the same was ever sent to the deceased Prem Nath Khanna. He has further contended that although in relation to the same pocket in the same area i.e. Vasant Kunj pursuant to the draw of lot which was held on 15.7.93 demand-cum-allotment letters were sent to other registrants under the Scheme on 21.3.1994. Copy of one of such letters has been filed which is placed at page 71 of the paper book. The total cost demanded by such registrant by the said letter is 7,l7,700\/- A copy of similar letter has been placed by the petitioners at page 73 of the paper book  in which a flat in the same category and in the same locality for the ground floor demand-cum-allotment letter has been sent on 22.7.94.\n<\/p>\n<p>5. It has been contended by learned counsel for the petitioners that the impugned demand is whimsical, arbitrary and illegal. He has further contended that there was an inordinate delay in sending the letter of allotment by the respondent. As a matter of fact, the deceased Prem Nath Khanna ought to have received a letter of allotment between March and July 1994 but for the reasons best known to the respondent the respondent did not send the letter and instead of correcting its own mistake the impugned demand has been raised by the respondent.\n<\/p>\n<p>6. Counter affidavit has been filed by the respondent. In para 14 of the counter affidavit it is admitted by the respondent that demand letter with respect to the flat allotted to Prem Nath Khanna could not be issued to him. However, a strange plea has been taken in the counter affidavit that the said letter was not issued due to non-completion of basic amenities in Vasant Kunj area.\n<\/p>\n<p>7. When the demand letter has been issued in relation to the same draw of lot to other registrants as mentioned at pages 71 and 73 of the paper book why the same has<\/p>\n<p>not been issued to Prem Nath Khanna. Even if it is assumed that the demand letter could not be issued on account of non-completion of basic amenities in Vasant Kunj that was totally on account of delay on the part of the respondent in providing these amenities. If the respondents itself admit that the amenities were not available and, therefore, the demand letter was not issued. On this ground respondent can not take advantage of its own wrong by escalating the price of the flat and charge a price which is higher although for no fault of the petitioners. It seems that during the pendency of the writ petition the respondent has worked out another figure of Rs. 11,71,500\/= in relation to the flat in question. To my mind, charging any other amount from the petitioners except the one stated in the letter dated 31.11.90 amounting to Rs. 4,77,200\/= which was the estimated cost of flat and the price which was charged from other allottees of the same Scheme when allotment was made in 1994 which according to the respondent was Rs. 7,17,700\/ = for a similar category and type of flat, is a price which can be charged by the DDA. Learned counsel for the petitioner has relied upon Raj Rani Jhamb v. DDA, , <a href=\"\/doc\/1329974\/\">Subhash Chahder Chadha v. Delhi Development Authority,<\/a> 1998 III AD (Delhi) 221 and Jain &amp; Company v. Delhi Development Authority,  and other authorities in support of his contention.\n<\/p>\n<p>8. In somewhat similar circumstances in Raj Rani Jhamb&#8217;s case (supra) this Court has observed as under:-\n<\/p>\n<p>  Learned counsel for the respondent has contended that in terms of <a href=\"\/doc\/24270450\/\">Delhi Development Authority v. Pushpendra Kumar Jain<\/a> , no vested right is created on the basis of letter of demand. The argument of the learned Counsel for the respondent is totally mis-conceived. Here is a case where no demand letter was issued to the petitioner in terms of draw of lot dated 3.10.1989. It is a reflection on the working of the department of respondent authority that even when the petitioner was found eligible in the draw of lot held by the respondent on 3.10.1989 instead of notice and information thereof to be given to the petitioner, it was a broker, who deals in a property, got the information of list of allottees, allottees never got the demand-cum-allotment letter and at a later stage, in a whimsical and fanciful manner, the petitioner was directed to make the payment in the words of Vice Chairman of the DDA &#8220;Say at the rate of January, 1995&#8221;. What a callous attitude in dealing with a citizen? has to suffer not only on account of delay but for a right which she had acquired on account of treatment meted out by the respondent to two other cases similar to that of petitioner for allotment of plot of land, petitioner was dealt in an arbitrary and discriminatory manner. The action of the respondent is totally discriminatory and violative of Article 14 of the Constitution of India.\n<\/p>\n<p>9. It has been contended before me by the counsel for the petitioners that in the instant case also the letter was deliberately not posted at the address of Prem Nath Khanna.\n<\/p>\n<p>10. Ms. Sangeeta Bharti, learned counsel for the respondent has contended that a letter was received on 16.4.1996 from the petitioners stating that Prem Nath Khanna had expired as a bachelor on 8.12.1996 and was survived by the petitioners. Therefore<\/p>\n<p>the demand letter for final payment was not sent. This argument does not hold any ground. According to the stand of the respondent as per para 14 of the counter affidavit the flat in the name of the petitioners was mutated on 14.1.97. As per their own stand the fifth and final demand was issued on 25.9.98 i.e. almost a delay of one year and ten months. Although this argument as I have held earlier is not available to the respondent. When demand-cum-allotment letter was issued in relation to the allottees who were similarly situated on 21.3.1994 and 22.7.94 why allotment letter was not issued to prem Nath Khanna in 1994 itself. There is no explanation in this regard from the side of the respondent. As a matter of fact the respondent authority itself ought to have addressed to their non-action and demanded the amount at the rate prevalent in 1994. Inspite of various decisions of this Court in the regard it seems nothing was done by the respondent to redress the grievances of petitioners. It is an admitted case where the respondent did not intimate Prem Nath Khanna in 1994 that he was to deposit the fifth and final instalment although similarly situated registrants were informed. Therefore, Prem Nath Khanna became entitled to a flat in 1994. Charging of any other amount on the basis of the price of the flat prevalent in 1998 is totally arbitrary and illegal.\n<\/p>\n<p>11. I set aside the impugned demand and issue a Writ of Mandamus to the respondent to allot and hand over the possession of the flat in question to the petitioners forthwith. It is contended by counsel for the petitioners that over and above an amount of Rs. 7,17,700\/= an excess amount has been paid by the petitioners. Let the amount paid in excess by the petitioners be returned by the respondent alongwith interest @ Rs. 15% per annum within four weeks.\n<\/p>\n<p>12. Petition is allowed. Rule is made absolute.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Delhi High Court Swarna Khanna And Ors. vs Delhi Development Authority on 21 November, 2000 Author: V Jain Bench: V Jain JUDGMENT Vijender Jain, J. 1. Prem Nath Khanna applied under Fourth Self Financing Housing (Registration) Scheme 1981 for a category-III flat in 1981. On 14.11.1990 draw of lot was held by the respondent\/DDA and [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[14,8],"tags":[],"class_list":["post-112050","post","type-post","status-publish","format-standard","hentry","category-delhi-high-court","category-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Swarna Khanna And Ors. vs Delhi Development Authority on 21 November, 2000 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/swarna-khanna-and-ors-vs-delhi-development-authority-on-21-november-2000\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Swarna Khanna And Ors. vs Delhi Development Authority on 21 November, 2000 - Free Judgements of Supreme Court &amp; 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