IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1038 OF 2009 (Arising out of S.L.P. (C) No.20505 of 2007)

Bal Krishan     ...Appellant(s)

Versus

Vice Chairman, D.D.A.     ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

The only grievance of the appellant is that while disposing of the Letters

Patent Appeal  filed by him against the orders passed by the learned Single Judge

dismissing the writ petition and review petition filed by him in the matter of handing

over possession of the plot allotted by the Delhi Development Authority, the Division

Bench of the High Court ignored the fact that the entire cost of the plot had been

deposited by him on 5th October, 1999 in terms of the decision of the Lok Adalat and

gave the following directions:

“The appellant will also abide by the said order and pay  the  balance  amount  in  equated  monthly  installments without interest with the last installments due and payable on 10.07.09.  Amount payable in the monthly installments will  be communicated to the appellant by the DDA within four weeks from  today  and  the  appellant  will  start  paying  the  said installments w.e.f. 01.07.07.”

....2/-

- 2 -

Learned counsel appearing on behalf of the respondent stated that he is

not in a position to show whether any amount was payable by the appellant towards

the price of the plot.  This being the position, the above reproduced direction cannot

be sustained.   

Accordingly, the appeal is allowed in part and the aforesaid direction given

in the impugned order is hereby set aside.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, February 13, 2009.