DELHI DEVELOPMENT AUTHORITY versus PUSHPENDRA KUMAR JAIN

DELHI DEVELOPMENT AUTHORITY versus PUSHPENDRA KUMAR JAIN

Mere draw of lots confers no indefeasible right to allotment at the rate existing on that date; the right to the flat and applicable price arises only upon communication of the allotment-cum-demand letter. Revised land rates validly apply unless the scheme provides otherwise.

Parties
Appellant: Delhi Development Authority; Respondent: Pushpendra Kumar Jain
Jurisdiction
India
Judgment Date
23 September 1994
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; judgment and order of the High Court set aside.
Legal Topics
Housing Schemes, Allotment of Flats, Timing of Allotment Communication, Revision of Land Rates
Administrative Law Property Law Housing Schemes Allotment of Flats Timing of Allotment Communication Revision of Land Rates

Case Brief

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Parties

Delhi Development Authority

Appellant

Pushpendra Kumar Jain

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether an allottee is entitled to be charged the land rate prevailing on the date of draw of lots or the rate prevailing at the time of communication of allotment-cum-demand letter.
  2. 2 Whether the delay in communicating the allotment-cum-demand letter disentitles the authority from charging revised rates.

Ratio Decidendi

Mere draw of lots confers no indefeasible right to allotment at the rate existing on that date; the right to the flat and applicable price arises only upon communication of the allotment-cum-demand letter. Revised land rates validly apply unless the scheme provides otherwise.

Court Disposition

Appeal allowed; judgment and order of the High Court set aside.

Orders

  • High Court's order is set aside.