NANAK CHAND Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE appellant, Nanak Chand, has impugned the judgement and order of the learned Single Judge passed on 17.12.2013, which, by a writ of mandamus directed the DDA to ''allot a flat of equivalent size preferably in the same area, i.e. Dwarka, New Delhi, at the price prevalent on the date of the order within a period of twelve (12) weeks ''.

(2.) THE appellant contends that the difference between the price prevalent on the date of filing the writ petition (20.12.2012) and the date of its disposal (17.12.2013) is substantial. He submits that the price has increased by Rs.7 -8 lakhs, hence, he would be irretrievably prejudiced if he is asked to pay the higher price prevalent on the date of the impugned order. He contends that the learned Single Judge, in an earlier case, had directed a flat to be allotted to the petitioner at the price prevalent on the date of filing of the writ petition. He relied upon a judgement of this Court in LPA No.743/2013 titled Delhi Development Authority Vs. Mahinder Pal Sikri (Deceased) Through LRs decided on 28.11.2013 and on another judgement in LPA No.628/2013 titled Dev Raj Vs. Delhi Development Authority decided on 19.2.2014. Both the judgements held, in similar circumstances, that the flat should be allotted at the price obtaining on the date the writ petition had been filed.

(3.) IN the present appeals the learned Single Judge held, that admittedly the allotment letter was not sent to the petitioner at his occupational/official address hence it had not discharged its obligation of intimation to the appellant/allottee, in its entirety. He reasoned: