W.P.(C) 935/2008 Page 1 of 4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 935/2008 and CM 1819/2008 Date of decision : 02.04.2009 IN THE MATTER OF : RAJINDER SINGH ..... Petitioners Through: Ms. Richa Kapoor, Advocate versus D.D.A. ..... Respondent Through: Ms. Sangeeta Chandra, Adv. CORAM * HON'BLE MS.JUSTICE HIMA KOHLI 1. Whether Reporters of Local papers may be allowed to see the Judgment? No 2. To be referred to the Reporter or not? No 3. Whether the judgment should be reported in the Digest? No HIMA KOHLI, J. (ORAL) 1. The present writ petition is filed by the petitioner praying inter alia for directions to the respondent/DDA to issue revised demand-cum- allotment letter in respect of flat bearing No. 282, Second Floor, Sector-23, Pocket-2, Rohini, Delhi, to be allotted to the petitioner at the cost prevalent in the year 2004 when the priority of the petitioner was missed by the DDA W.P.(C) 935/2008 Page 2 of 4 at the tail end, in accordance with the policy of the DDA in that regard. 2. Counsels for the parties submit that the limited issue here is confined to the cost of the flat, as the aforesaid demand-cum-allotment letter dated 30.10.2006, was issued to the petitioner at the cost prevalent in October, 2006, whereas the petitioner has claimed entitlement for allotment of the aforesaid flat at the cost prevalent in the year 2004, i.e. the cost prevalent at the tail end when his priority was missed for fault of DDA. 3. Though a counter affidavit has not been filed, counsel for the respondent states on instructions from her client that the calculation of the costs in respect of the plot has been agreed to be fixed at the cost as existing on 31.07.2004. Hence, the aforesaid grievance of the petitioner has been taken care of by the respondent at its end. 4. However, counsel for the respondent submits that the demand- cum-allotment letter to be raised upon the petitioner shall include interest payable @ 12% par annum w.e.f. July/August 2004 to April 2009, i.e., 57 months on the basis of a circular dated 17.10.2008 issued by the respondent/DDA. As per the aforesaid circular, DDA claims entitlement to simple interest payable @ 12% per annum from 31.07.2004 , i.e., 4 months after 31.03.2004, the date of draw, till payment in terms of the demand letter. Counsel for the petitioner submits that the aforesaid circular has been taken into consideration in many other cases, two of which are WP(C) 763/2007 decided on 24.11.2008 and WP(C) 1978/2007 decided on W.P.(C) 935/2008 Page 3 of 4 09.02.2009. In both the aforesaid cases, the circular dated 17.10.2008 was taken into consideration but the claim of the respondent to charge interest from the petitioners therein was rejected. 5. In the present case, counsel for the petitioner states that as the petitioner approached the respondent within a period of four years from 31.03.2004, he is not liable to pay any interest to the respondent, the same being in compliance with the policy of the respondent/DDA itself. 6. Having regard to the aforesaid submission of the counsel for the petitioner and in view of the judgment dated 18.10.2005 passed in a batch of matters, lead matter being WP(C) 5793/2005 entitled “Raj Kumar Malhotra vs. DDA”, WP(C) 763/2007 entitled Tej Pal vs. DDA and WP(C) 1978/2007 entitled N.M. Garg vs. DDA, the respondent is directed to issue a demand-cum-allotment letter to the petitioner without levying any interest on the disposal cost of the flat as on 31.07.2004, i.e., Rs.8,96,600/-. 7. Counsel for the respondent states that as the petitioner had already deposited a sum of Rs.9 lacs with the respondent, the excess amount shall be refunded to the petitioner when the petitioner approaches the respondent, on completion of the requisite formalities, for receipt of the demand-cum-allotment letter. The said demand-cum-allotment letter shall be issued within three weeks. Upon the petitioner completing all the requisite formalities as required by the respondent/DDA and upon the respondent/DDA refunding the excess amount received by it, it shall hand W.P.(C) 935/2008 Page 4 of 4 over physical possession of the flat to the petitioner within four weeks thereafter. 8. The writ petition is disposed of alongwith the pending application. HIMA KOHLI,J APRIL 02, 2009 rkb