- (1.) This appeal, by grant of special leave, is directed against the judgment of the Division Bench of the High Court of Delhi in CW No. 1493 of 1991 wherein the High Court has allowed the writ petition filed by Respondent 1 and a direction has been issued to the Delhi Development Authority, the appellant herein, to allot a flat to Respondent 1 of area similar to the flat that was allotted to his father in a colony similar to Seikh Sarai where he was originally allotted without demanding any extra money.
(2.) The appellant floated Second Self-Financing Scheme for allotment of flats under various categories. G. Balakrishna Rao, father of Respondent 1, got himself registered for allocation of SFS Category II flat on a deposit of Rs. 10,000.00 towards registration charges on 9.01.1979. He was issued an allocation letter of a Category II flat under the Scheme on 21.05.1980 at Seikh Sarai. The estimated cost of the flat was Rs. 76,000.00. The allottee was required to deposit the said amount in three equal instalments. G. Balakrishna Rao being a Professor in the School of Planning and Architecture sought permission of the Delhi Development Authority to mortgage the flat with his employer which was granted by the appellant. On 2.02.1981, the School of Planning and Architecture, New Delhi passed an order for the grant of mortgage permission and a tripartite agreement between G. Balakrishna Rao, Delhi Development Authority and Registrar, School of Planning and Architecture was executed for mortgage of the flat and the employer gave the assurance to make payment of the instalments of the flat. The agreement contained various clauses for payment of instalments for the flat, cl. (6) of the agreement provided: "(6) If the borrower wants to withdraw from the Scheme or fails to pay the balance amount representing the difference between the house building advance sanctioned by the School and the actual cost of the flat, or quits the service of the School or dies, the amount of the house building advance will be refunded forthwith to the School. The amount of initial deposit of Rs. 10,000.00 (Rupees ten thousand only) will be refunded to the borrower or his legal heirs, as the case may be, by the Authority after deducting such amount as may be payable by him as communicated in the brochure."
(3.) G. Balakrishna Rao paid through his employer four instalments. On 9.08.1983, the appellant issued a demand letter for payment of the fifth and final instalment of Rs. 46,069.50. Before the payment could be made, unfortunately, G. Balakrishna Rao died on 15.08.1983.;