Saroj Gupta v. Delhi Development Authority

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10596/2016 & CM APPL. 41608/2016 SAROJ GUPTA ..... Petitioner Through: Mr. Barun Kumar Sinha, Advocate with Ms. Pratibha Singh, Advocate.

versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through: Mr. Arjun Pant, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 08.11.2016 Present writ petition has been filed seeking a direction to respondentDDA to execute Agreement to Sell and to hand over the possession of LIG Flat bearing No.20, 4th Floor, Sector-34, Pocket-3, Block-E2, Rohini, Delhi. Learned counsel for petitioner states that vide Application No.654296, petitioner had applied for registration of allotment of a LIG flat. Subsequent thereto, a draw was held on 25th November, 2014 and petitioner was declared successful and was allotted the aforesaid flat. However, according to the petitioner, despite fulfilling the eligibility criteria as well as depositing 90% of the cost of the flat with the respondent, the Conveyance Deed has not been executed and possession of the said flat has not been handed over to the petitioner.

Issue notice.

Mr. Arjun Pant, learned counsel accepts notice on behalf of respondent. He states that since the petitioner owns a dwelling unit, the competent authority has cancelled petitioner's allotment and forfeited the amount on 20th October, 2015. He states that a formal letter communicating the order of cancellation shall be sent to the petitioner within two weeks. In view of the aforesaid statement, present writ petition and application are disposed of with liberty to the petitioner to file a fresh petition to challenge the fresh cancellation order that shall be communicated to the petitioner within two weeks. Rights and contentions of all parties are left open.

Order dasti.

MANMOHAN, J NOVEMBER 08, 2016 js