FIDA AHMAD DAR Vs. SRINAGAR DEVELOPMENT AUTHORITY &ORS

JUDGEMENT

(1.) In this petition, filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs;

(2.) Briefly stated the case of the petitioner is that, the respondents invited applications for allotment of flats at Gulposh apartments Bemina and the petitioner after paying Rs. 1000/- was given a form on 30th of August, 2013 and thereafter submitted his form along with earnest amount of Rs. 3.00 lacs on 27th of July, 2013 and the same was received by the respondents with a proper receipt. The petitioner received a notice bearing No. SDA/DLM/2724 dated 20th of November, 2014, posted on 27-11-2014 and delivered to petitioner on 5 th of December, 2014 wherein 10 days' time was given to the petitioner to deposit the first installment which time had already elapsed and it came to the knowledge of the petitioner that the flat has been allotted to him vide letter of intent issued vide No. SDA/DLM/3085-88 dated 2 nd of December, 2013, whereafter, the petitioner immediately approached the respondents who provided him the copy of letter of intent along with copy of payment schedule and was told that same is posted to him in December, 2013. It is further submitted that the petitioner having already deposited an amount of Rs. 3.00 lacs and having not been conveyed the letter of intent besides the notice dated 20th of November, 2014, giving further 10 days' time having been dispatched to the petitioner on 27th of November, 2014 and delivered to him on 5 th of December, 2014. It is further submitted that thereafter, the petitioner filed an application/representation before the respondents, where in petitioner prayed for extension of at least three months for making the payment of 1 st installment of Rs. 8,75000/- in the backdrop of the fact that due to the floods in the valley in the year 2014, the petitioner had suffered the huge loss, as such, was not in a position to deposit the installment of Rs. 8,75000/-. It is further submitted that the petitioner after waiting for the response to his representation and also extension of time keeping in view the previous experience of issuance of notices and late dispatch of the same, approached the respondents but was not given any extension and was told to wait and to his luck/surprise, the petitioner came across notice bearing No. SDA/DLM/3460 dated 24th of January, 2015 and came to know that the said notice has been issued to the petitioner, asking him to deposit the installment by ending January, 2015 or in default the petitioner's letter of intent shall be treated as withdrawn and earnest money of Rs 3.00 lacs will be forfeited and flat re-advertised. The petitioner being aggrieved of the above said notice, challenged the same by virtue of writ petition bearing OWP No. 146/2015 and this Court in terms of order dated 20th of January, 2015, disposed of the said writ petition with direction to the respondents to afford reasonable time to adhere to the terms of notice in regard to deposit of installment and in the event such notice not having been served upon him, the same be served after affording reasonable time to the petitioner. It is further averred that thereafter, the petitioner served the said order on the respondents and filed a detailed representation before the respondents, who choose not to file any appeal against said order and despite the service on the respondents well within time, no action was taken by the respondents. Being constrained of inaction on part of the respondents, the petitioner filed a contempt petition bearing No. 844/2015, wherein, the respondents after a long time filed statement of facts and in terms of notice issued vide No. SDA/DLM/161 dated 17th of April, 2015 (Annexure-M to the statement of facts), the letter of intent issued to the petitioner was cancelled. Being aggrieved of the said notice, the petitioner challenged the same by medium of the instant writ petition on the grounds detailed out in the petition.

(3.) On consideration of the matter, this Court in terms of order dated 4 th of August, 2017, while issuing notice, directed the respondents to keep one flat at Gulposh Apartments, Bemina, reserved and the interim direction issued on 04.08.2017, stands confirmed vide Court order dated 27.12.2017.