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Judgment
The Respondents have no basis in law to support their claim. Even the equitable considerations would not justify a public authority like DDA being directed today to provide an alternate plot to the Respondents in the same locality and at the same price after a lapse of 14 years from the date of the auction.
We may place on record that according to the Appellant the auction having been stayed by the High Court, the amount of Rs. 81.250/- was sent by chegue to Respondents, but they did not accept the same. The amount has remained with the DDA for all these 14 years.
The appeal is allowed, the impugned order of the High Court directing the DDA to allot an alternate plot to The Respondents is set aside. The writ petition filed by The Respondents is directed to be dismissed. However, in the fact and circumstances of this case the amount of Rs. 81,250/- which has remained with the DDA is directed to be returned to The Respondents with interest calculated at the rate of 9% per annum from 5.2.1985 till the date of return. No order as to the costs.
Appeal allowed, direction given.