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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4362 OF 2007   

  DELHI DEVELOPMENT AUTHORITY ..... APPELLANT

VERSUS

  M.L. AGGARWAL ..... RESPONDENT

O R D E R

We  have  heard  the  learned  counsel  for  the  

appellant at length.

We are of the opinion that the finding of the  

High Court that the allotment would be covered by Rule  

17  of  the  Delhi  Development  Authority  (Disposal  of  

Developed  Nazul  Land)  Rules,  1981,  appears  to   be  

correct as on the date of draw of lots the aforesaid  

rules had become operative.  Moreover, in the light of  

the fact that on the day when the respondent's wife had  

sought an allotment of a plot she had not yet been  

married  to  the  respondent  and  the  respondent  has,  

accordingly, stated that he was unaware of the  fact

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that she owned a plot  measuring 35 square yards is a  

finding which we are not inclined to disturb.

We are thus not inclined to interfere with the  

impugned order in the peculiar facts and circumstances  

of the case.  The appeal is, accordingly, dismissed.

    ..................J      [HARJIT SINGH BEDI]

    ..................J      [T.S. THAKUR]

NEW DELHI NOVEMEBR 26, 2009.

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