Delhi High Court
Ram Asre vs Delhi Development Authority on 10 August, 2009
Author: Anil Kumar
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Writ Petition (Civil) No.8011/2008
% Date of Decision: 10.08.2009
Ram Asre .... Petitioner
Through Ms.Richa Kapoor, Advocate
Versus
Delhi Development Authority .... Respondent
Through Ms.Rajdipa Behura, Advocate
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
1. Whether reporters of Local papers may be YES
allowed to see the judgment?
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported in NO
the Digest?
ANIL KUMAR, J.
*
1. This is a petition under Article 226 of the Constitution of India
seeking a direction to the respondent to treat the case of the petitioner
as covered under the incorrect/wrong/change of address policy as the
allotment made to the petitioner in year 2006 was cancelled on account
of sending the demand cum allotment letter at the incorrect address
though the correct address had been intimated by the petitioner.
2. The petitioner has contended that he got himself registered under
the New Pattern Registration Scheme, 1979 for allotment of a LIG flat
by the registration Number 7391 and paid an amount of Rs.1500/-. The
petitioner was allotted a priority number 53194 in the year 1986.
3. The petitioner categorically contended that at the time of
registration he had intimated his future correspondence address as
"2654, Gali Raghunandan Naya Bazar, Delhi-6".
4. The petitioner has asserted that in 2008 it transpired during a
public hearing that his priority had matured in 2006, however, the
intimation about the allotment of flat was sent to "9654, Gali
Raghunandan Naya Bazar, Delhi-6" which is the incorrect address. In
the circumstances, the petitioner has prayed that his name be included
in the mini draw/draw which should be held expeditiously for the same
zone or nearby zone and a flat be allotted to him at the rate of 2006.
5. The learned counsel for the respondent/DDA on instructions
states that the petitioner shall be allotted a flat now after the mini draw
of lots under the wrong address policy in the same zone or nearby zone
subject to availability of the flats in these zones.
6. Perusal of the office order dated 25th February, 2005 filed with the
writ petition, it is apparent that in case of issuance of demand letter at
wrong addresses and missing priority cases of DDA flats and in case the
registrant approaches DDA within four years of the date of issuance of
demand letter, the new flat is to be allotted at the old cost prevalent at
the time when the priority of the allottee matured and the allotment
letter was issued. The policy also stipulates that no interest would be
charged by the DDA from such registrants.
7. The learned counsel for the respondent cannot deny the policy of
the DDA, a copy of which is filed by the petitioner. Rather the learned
counsel for the respondent has contended that the case of the petitioner
shall be considered in terms of the policy of the DDA in this regard.
8. Consequently the writ petition is to be allowed. The respondent is,
therefore, directed to include the name of the petitioner in the mini
draw/draw for the same zone or the nearby zone, if available in those
zones, within three months. After the mini draw/draw within three
months, demand-cum-allotment letter be issued to the petitioner within
four weeks thereafter. On payment of the consideration and fulfilling of
other conditions for allotment of flat within four weeks after the receipt
of demand-cum-allotment letter, the possession of the allotted flat be
also handed over to the petitioner within four weeks thereafter. The
demand for allotment of flat shall be at the rate prevalent at the time of
maturing of the priority of the petitioner in 2006. The DDA shall also be
not entitled to claim interest on the said amount.
9. Considering the facts and circumstances, the writ petition is,
therefore, disposed of in terms hereof. The parties are, however, left to
bear their own cost. All the pending applications are also disposed of.
August 10, 2009 ANIL KUMAR, J.
„k‟
