Delhi High Court
K. Digamber Singh (Col.) vs Delhi Development Authority, on 12 January, 1999
Equivalent citations: 1999 IAD Delhi 627, 77 (1999) DLT 340, 1999 (48) DRJ 430, (1999) 121 PLR 68
Author: K Ramamoorthy
Bench: K Ramamoorthy
ORDER
K. Ramamoorthy, J.
1. It is common ground that the petitioner was allotted a flat in Dwarka, Sector 9, Block/Pocket 2, Delhi. At the time when the application for allotment of flat was made by the petitioner, the petitioner was living at J6, Priya Sadan Apartments, DBlock, Vikaspuri, New Delhi. Subsequently, he had shifted his residence to 38, Nalanda Apartments, DBlock, Vikaspur, New Delhi. On the 30th of August, 1997, the petitioner sent the following letter to the Chairman, DDA, Vikas Sadan, New Delhi:
I have the honour to submit the following for your kind and sympathetic consideration and necessary action please:
1. That I had applied on 14.9.96 under the Self Financing Scheme, 1996 to possess a dwelling unit for my use vide my application No.010137 duly completed in all respects as desired by you.
2. That the sum of Rs.50,000/(Rupees Fifty thousand) was also paid vide Bank Draft No.031491 dated 06.09.96 drawn on Central Bank of India, Delhi Cant in your favour.
3. That I was extremely delighted and f happy to see my appli cation No. on 01 Jan' 97 amongst allottees in Hindustan Times as a New Year Gift from you to a needy citizen, who has been paying hefty rent for the last seven years in different places.
4. That on an enquiry from a friend, I understand that you have started issuing allotment letters to successful allottees. I have not yet received the same. May I take the privilege of requesting you to forward the same if the same are in the process being despatched and oblige at my new address as given above."
2. There was no reply from the DDA to this letter dated 30.08.1997.
3. On the 18th of September, 1997, a showcause notice had been issued to the petitioner at his old address at J6, Priya Sadan Apartments, DBlock, Vikaspuri, New Delhi. The same reads as under:
"Consequent upon draw of lot held on 31.12.96 for allotment/allocation of flats under Nineth Self Financing Scheme, you were declared as successful allocatee/allottee and according ly, allocationcumdemand letter was issued to you on 28.2.97 asking therein to make the payment of 90% amount of the estimated amount in four instalments on due dates as mentioned therein.
The specified period of payment has already been over and it has been observed that 1st/2nd/3rd/4th instalments were due on 30.4.97 out no intimation about payment has been received so far and as per terms and condition, the allocation in question stands cancelled automatically.
However, you are requested that in case any payment has been made within the specified period, a copy of the bank challan may please be sent to us within 10 days from the date of issue of this letter failing which it will be presumed that no payment has been made and allocation is not accepted. However, it is also clarified that in case any payment is made after the expiry of the due date will not be accepted on any ground whatsoever.
In case, no response is received within 10 days from the date of issue of this letter, it will be presumed that no payment has been made by you and allocation will be treated as cancelled automatically without any further notice."
4. The DDA was well aware of the new address of the petitioner which was referred to in the letter of the petitioner dated 30.8.1997. The petitioner has prayed for issuance of a demand letter and he is willing to pay the amount as per the original demand letter.
5. The learned counsel for the DDA, Ms.Sangeeta Bharti, vehemently submitted that the petitioner had not intimated about his change of address. The demand letter had been issued to him to his old address and he had not paid the amount. Therefore, the petitioner is not entitled to the fresh demand letter.
6. The DDA has not been able to explain as to why action had been taken as per letter dated 30.08.1997 sent by the petitioner. The DDA must have taken care to see the letter sent by the petitioner on the 30th of August, 1997 and issued the demand letter to the address given by the petitioner in that letter. The DDA had not acted in accordance with the letter, and, therefore, the DDA was not within its power to issue showcause notice dated 18.9.1997.
7. Accordingly, the showcause notice dated 18.9.1997 is quashed. Consequently, the DDA is obliged to issue fresh demand letter, as contained in the original demand letter dated 28.2.1997. The demand letter shall be issued by the DDA with reference to the similar flat available in the area of the same area that is mentioned in the allotment letter on or before the 31st of March, 1999.
8. The present address of the petitioner is 38, Nalanda Apartments, DBlock, Vikaspuri, New Delhi110018.
9. The petitioner undertakes to pay the entire amount demanded in the demand letter dated 28.2.1997, namely, the sum of Rs.8,23,100/ on lumpsum within 60 days from the date of receipt of the demand letter.
10. The writ petition stands allowed to the above extent.
11. There shall be no order as to costs.
