Full Text
HIGH COURT OF DELHI
Date of Decision: 12th February, 2025
SH. TARA CHAND .....Petitioner
Through: Mr. M S Bammi
ANOTHER .....Respondent
Through: Ms. Chand Chopra
JUDGMENT
1. The petitioner had applied for allotment of a flat under Prime Minsiter Awas Yojna. A draw was held by respondent and the petitioner herein was held successful and was, consequently, allotted one LIG flat bearing flat No.17, Pocket-8, Sector-23B, Dwarka, New Delhi -110078 admeasuring
33.83 sq mts.
2. The draw took place on 23.12.2019 and allotment letter was issued on 14.02.2020.
3. According to petitioner, on account of spread of pandemic of Covid-19, the petitioner could not do the needful and during the pandemic period only, he had sent a communication to DDA requesting them to grant him exemption with respect to interest component. W.P.(C) 1755/2025 2
4. It is submitted that such application was duly received by DDA on 10.09.2020 but he has not received any response thereafter. It is also submitted that on account of some erroneous assumption and mistaken legal advice, the petitioner had earlier sought refund of the amount but the petitioner had always been interested in seeking the allotment of the above said flat.
5. After hearing arguments for some time, learned counsel for petitioner submits that at the moment, the petitioner would be satisfied, in case, he is permitted to file a fresh representation with DDA with a direction to them to dispose of such representation in a time-bound manner.
6. Learned counsel for respondent submits that if there is any such direction, they would comply with the same in accordance with law.
7. In view of the above said statement made by learned counsel for petitioner and without making any observation with respect to rights and contentions of the respective parties, the present petition is disposed of with direction to petitioner to submit fresh representation with DDA within a period of 10 days from today.
8. It is expected that once such representation is received, DDA shall decide the same in accordance with law, as expeditiously as possible and preferably within a period of eight weeks from today. It would be up to DDA to consider whether the petitioner should be given a personal hearing or not.
9. The petition is disposed of in the aforesaid terms.
10. Needless to say, in case, the petitioner is aggrieved by the outcome of W.P.(C) 1755/2025 3 such representation, he would be at liberty to take further action as permissible under law.
JUDGE FEBRUARY 12, 2025