- (1.) Delay condoned.
(2.) More than 28 years ago, on 23.3.1981, the respondent made an application to the Delhi Development Authority ('DDA' for short) for allotment of a plot under the Rohini Scheme. The eligibility requirement prescribed in Clause 1(ii) of the Terms and Conditions of the Scheme is extracted below: The individual or his wife/her husband or any of his/her minor children do not own in full or in part on lease-hold or freehold basis any residential plot of land or a house or have not been allotted on hire-purchase basis a residential flat in Delhi/New Delhi or Delhi Cantonment. If, however, individual share of the applicant in the jointly owned plot or land under the residential house is less than 65 sq. m, an application for allotment of plot can be entertained. Persons who own a house or a plot allotted by the Delhi Development Authority on an area of even less than 65 sq. m, shall not, however, be eligible for allotment. When he made the application in 1981, neither the respondent nor any of his family members owned any land or plot or flat in Delhi and gave declaration to that effect.
(3.) Nearly, a quarter century later, in a computerized draw, respondent was allotted plot No. 158, Block/PKT-C2, Sector-28, Rohini, measuring 60 sq. m, vide letter of allotment dated 3/7.10.2005. As required by DDA in its communication dated 11.3.2006, the respondent submitted necessary documents and affidavits under cover of his letter dated 31.3.2006 wherein he disclosed, in pursuance of the above eligibility condition, that he had acquired a flat measuring less than 65 sq. m in United India Apartments (Flat No. 151/A), Mayur Vihar Phase-I, Delhi. He also deposited the entire premium in regard to the allotted plot.;