Case Note & Summary
The dispute arose from a civil appeal concerning the allotment of a plot by the Delhi Development Authority (DDA) to the appellant, Bal Krishan. The appellant had previously filed a writ petition and a review petition, both of which were dismissed by a learned Single Judge of the High Court. The appellant contended that he had deposited the entire cost of the plot on October 5, 1999, as per a Lok Adalat decision. The Division Bench of the High Court, while disposing of the Letters Patent Appeal, issued directions for the appellant to pay the balance amount in equated monthly installments without interest, with the final installment due on July 10, 2009. However, the respondent's counsel could not confirm whether any amount was still payable by the appellant. The Supreme Court, upon hearing the parties, found that the directions given by the High Court could not be sustained due to the lack of clarity on the payment status. Consequently, the appeal was allowed in part, and the directions from the impugned order were set aside.
Headnote
A) Administrative Law - Writ Petition Dismissal - Directions Regarding Payment of Balance Amount - Supreme Court of India, 2009 - The appellant challenged the High Court's dismissal of his writ petition and review petition concerning plot possession, arguing that he had deposited the entire cost. The court found that the respondent could not confirm any outstanding amount, leading to the conclusion that the High Court's directions were unsustainable and thus set aside (Paras Not mentioned).
Issue of Consideration
Whether the directions given by the Division Bench of the High Court regarding payment of balance amount for the plot were sustainable.
Final Decision
The Supreme Court allowed the appeal in part and set aside the directions given by the High Court regarding payment of the balance amount.
Law Points
- Writ petition dismissal
- Letters Patent Appeal
- plot allotment
- cost deposit
- directions set aside
