W.P.(C) 6650/2017 Page 1 of 5 $~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC013328312017 Date of decision: 04.08.2026 + W.P.(C) 6650/2017 &CM APPL. 27658/2017 VIRENDER KUMAR .....Petitioner Through: Mr. Rajesh Pathak, Adv. versus DELHI DEVELOPMENT AUTHORITY .....Respondent Through: Ms. Shahana Farah (Addl. Standing Counsel), Mr. Abhigyan, Ms. Reya Paul, Advocates for DDA CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers :- “(a)issue a writ in the nature of certiorari and mandamus or any other appropriate writ order or direction thereby quashing the Demand Cum Allotment Letter Block Dated 03rd March 2017-9th March 2017, in respect of MIG Flat No. 32, Second Floor, Pkt-D, Sector 17, Dwarka, New Delhi issued by the Respondent malafidley at current costs; Signed By:SAHAJ PREET KAUR Signing Date:14.08.2026 20:45 W.P.(C) 6650/2017 Page 2 of 5 (b) issue a writ in the nature of certiorari and mandamus or any other appropriate writ order or direction that, under the facts and circumstances of the instant case, no other the policy but only the Office Order No.F.2(10)2002/Coord. (H)/49 dated 25.2.2005 and Office Order No.F.2(10)02/N&C(H)/114 dated 6.6.2006 are applicable in case of the Petitioner. (c) issue a writ in the nature of certiorari and mandamus or any other appropriate writ order or direction thereby directing the Respondent to calculate the price of the MIG Flat No. 32, Second Floor. Pkt-D, Sector-17, Dwarka New Delhi in terms of the Office Order No.F.2(10)2002/Coord. (H)/49 dated 25.2.2005 and Office Order No.F.2(10)02/N&C(H)/114 dated 6.6.2006….” 2. The brief facts of the case are that the petitioner registered himself under the “New Pattern Registration Scheme-1979” for allotment of a Middle-Income Group (“MIG”) flat and deposited Rs. 4,500/- for such allotment. 3. Vide an undated letter, the petitioner informed the respondent regarding the change of his address to “DU-4, Vishakha Enclave, Pitampura, New Delhi-110034” for future correspondence.The said letter was duly received by the Delhi Development Authority (“DDA”) vide diary No. 6253 on 28.06.1989. 4. Consequently, on the maturity of the petitioner’s priority, the petitioner’s name was included in draw of lots and an MIG flat No. 579, 3rd floor, Ph-2, Pkt. A, Sector 13, Dwarka, New Delhi, was allotted Signed By:SAHAJ PREET KAUR Signing Date:14.08.2026 20:45 W.P.(C) 6650/2017 Page 3 of 5 to the petitioner. 5. Subsequently, in the draw of lost held on 29.11.2016, the petitioner has been allotted an MIG Flat No. 32, Second Floor, Pkt-D, Sector-17, Dwarka. As per the Demand-cum-Allotment Letter dated 03.03.2017, the petitioner was required to pay Rs. 45,49,737/- as the cost of the Flat, as in March, 2017. 6. Since the demand-cum-allotment letter was issued to the petitioner at his earlier address, the same was not delivered to him, and the petitioner’s allotment was cancelled. Thereafter, the petitioner filed a writ petition bearing No. 1894/2013, seeking allotment of the flat to the petitioner. Owing to the exorbitant demand amount, the petitioner filed the instant writ petition challenging the Demand-cum-Allotment Letter dated 03.03.2017. In view of the fresh allotment made, the writ petition bearing No. 1894/2013 was disposed of. 7. The petitioner is not at fault. It is not the case that the demand was made by the DDA and the petitioner failed to make the payment. It is a case where the DDA sent the demand-cum allotment letter at the wrong address. Hence, the petitioner is entitled to allotment of a flat at the rate applicable when the writ was filed. 8. Mr. Pathak, learned counsel for the petitioner, states that the said demand is exorbitant and cannot be charged. 9. The law with regard to the price at which the flat is to be allotted is settled by the Division Bench in the judgment of Delhi Development Authority v. Mahinder Pal Sikri, 2013 SCC OnLine Del 4803,followed by the judgment in Vijay Kumar Bahl v. DDA, 2026 SCC OnLine Del 583 wherein it has been held as under: Signed By:SAHAJ PREET KAUR Signing Date:14.08.2026 20:45 W.P.(C) 6650/2017 Page 4 of 5 “23.It is directed that a similar flat in terms of his entitlement be allotted to the petitioner. The payment for flat allotted shall be made as per the applicable rate on the date of filing the writ petition i.e. 30-10-2013 as held in paragraph No. 18 of the judgment of Mahinder Pal Sikri (supra), which reads as under: “18. Equally, the holdings in the various decisions on the appeal present that that the payment for the plot will be made as per the price on the date of filing the writ, and not as per the Circular dated 13-10-2011, cannot be faulted, given the established principle to the effect that the clock in terms of the price to be paid stops at the time of approaching the Court for the appropriate remedy, and the matter at that point rests with the Court and not in the hands of the writ petitioners.”” 10. For the said reasons, the respondent shall give fresh calculations applicable to the flat of the petitioner on the date of filing of W.P.(C) No. 1894/2013, within four weeks from today. The petitioner will make the payment within four weeks thereafter, and on making the payment, the MIG flat No. 32, Second floor, Pocket- D, Sector-17, Dwarka shall be allotted to the petitioner along with necessary paper work. 11. If the payment is not made, the respondent would be entitled to charge interest. Signed By:SAHAJ PREET KAUR Signing Date:14.08.2026 20:45 W.P.(C) 6650/2017 Page 5 of 5 12. In case, the calculation of 2013 is the same as made in letter dated 09.03.2017 (“Impugned Letter”), the respondent shall inform the petitioner the same in writing. 13. The petitioner in the present case has not paid any amount for the flat in question except Rs. 4,500/- and has reserved the flat for a period of more than 9 years. Hence, I am of the view that the petitioner must pay some interest. 14. As per the judgement of Surender Singh Deswal v. DDA, 2024 SCC OnLine Del 2757, the petitioner will pay 6% interest on the principal amount from the date of the Stay Order i.e. 22.08.2017 till the date of payment. 15. In view of the above, the petition is allowed and disposed of. JASMEET SINGH, J AUGUST 4, 2026/sp (Corrected and released on 14.08.2026) Signed By:SAHAJ PREET KAUR Signing Date:14.08.2026 20:45