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HIGH COURT OF DELHI
W.P.(C) 12633/2009
MD. JABIR HUSSAIN ..... Petitioner
Through Mr. S.K. Sethi, Advocate for Ms. Seema Kashyap, Advocate.
Through Ms. Mansi Gupta, Advocate.
JUDGMENT
1. The petitioner herein had applied for five dairy plots measuring 60 square meters in Ghogha dairy scheme vide application dated 17th April,
2006. The petitioner’s wife Ms. Khushmuda Khatoon had applied for one dairy plot measuring 60 square meters.
2. On verification, it was found that the petitioner did not have any illegal dairy or cattle and he was not entitled to any allotment. It was also noticed that the petitioner had made a wrong declaration in the application form that he had 30 buffalos. The petitioner has not questioned the findings recorded by the MCD rejecting the application of the petitioner. It is not alleged and stated in the petition that the petitioner in fact had 30 buffalos and was entitled to allotment of five dairy plots.
3. The grievance of the petitioner is that the respondents have deducted Rs.20,000/- for each plot and accordingly refunded the balance amount to the petitioner. The petitioner contends that only Rs.20,000/- should have 2010:DHC:1306 W.P. (C) No. 12633/2009 Page 2 been deducted per application and, therefore, the respondent-MCD has erred in deducting Rs.20,000/- for each plot, i.e., Rs.[1] lac for five plots.
4. The issue raised in the present writ petition was considered and decided by judgment dated 8th April, 2008 passed in W.P. (C) NO. 1590/2008 titled Chhanga Lal and Others versus MCD and Others. After examining the contentions raised by the parties, it was directed as under:-
W.P. (C) No. 12633/2009 Page 3
5. Applying Section 64 of the Contract Act, 1872, it was held that interest of justice would be met if MCD is allowed to set off Rs.20,000/- for each plot measuring 60 square meters and Rs.30,000/- for each plot measuring 96 square meters on account of financial expenditure incurred by them on examining the application, sending committee members for verification as well as punitive damages. The direction in the said paragraph is clear. Deduction of Rs.20,000/- has to be made towards each plot measuring 60 square meters and Rs.30,000/- for each plot measuring 96 square meters. As the petitioner had applied for five plots, MCD will deduct Rs.20,000/- for each plot.
6. In view of the above, I do not find any merit in the present writ petition and the same is dismissed.
SANJIV KHANNA, J. MARCH 05, 2010 VKR