Harvinder Kaur vs Delhi Development Authority
2009 Latest Caselaw 4115 Del

25.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI


+      W.P.(C) 8553/2008

                                    Date of decision: 12th October, 2009


       HARVINDER KAUR                                         ..... Petitioner
                            Through Mr. N. Kinra, Advocate.


                     versus

       D.D.A.                                              ..... Respondent
                            Through Ms. Rajdipa Behura & Mr. C.S. Chauhan,
                            Advocates.

       CORAM:
       HON'BLE MR. JUSTICE SANJIV KHANNA

       1. Whether Reporters of local papers may be
       allowed to see the judgment?
       2. To be referred to the Reporter or not ?
       3. Whether the judgment should be reported
       in the Digest ?


                                  ORDER

1. The petitioner's husband Mr. Gurmeet Singh was registered for

allotment of an MIG flat with the DDA in the year 1979.

2. Mr. Gurmeet Singh went missing in 1989 and a police report was

filed on 25th July, 1989.

3. Allotment letter with block dates 1st October, 1999 - 4th October,

1999 was issued to Mr. Gurmeet Singh informing that in the draw of lots

held on 6th August, 1999, flat No. 17, Section 18, Block- D, Ground Floor, W.P. (C) No. 8553/2008 Page 1 Rohini was allotted to him. As per the said allotment letter, the total cost

of the flat was Rs.3,89,883.50. The petitioner deposited Rs.20,000/-

towards the earnest money and wrote letter dated 2nd November, 1999

informing DDA that her husband was missing since 1989 and the flat may

be allotted in her name.

4. DDA after waiting for about two years on 7th June, 2001 informed

the petitioner that she should furnish a copy of the FIR, report of the

investigating authority, affidavit of relatives, proof of relationship and

certificate from the Court about presumption of death of the missing

person. It appears that the petitioner took her time to comply with the

said formalities and ultimately DDA vide their letter dated 4th July, 2008

transferred the registration in favour of the petitioner. The said letter

records as under:-

" The terms and conditions of registration will remain unchanged. Please note that in case it is noticed at any time/stage that the facts have been concealed or any mis-representation/mis-

statement has been made for seeking the above transfer, the permission granted through this letter will be automatically treated as cancelled."

5. The petitioner is justified in asking for allotment under the

registration, which was originally made in the name of Mr. Gurmeet Singh.

It is admitted position that the said registration amount deposited has not

been repaid and continues to be with the DDA. In addition, the petitioner

had made payment of Rs.20,000/- in the year 1999.

W.P. (C) No. 8553/2008 Page 2

6. The petitioner, however, cannot now ask for allotment of the flat as

per allotment letter with block dates 1st October, 1999 - 4th October, 1999.

She, however, will be entitled to allotment of a flat on today's rate. This

direction is being passed as the petitioner had taken her own time to

comply with various formalities despite letter of the DDA dated 7 th June,

2001. At the same time, it will be harsh to deny the petitioner right to

allotment of a DDA flat on the ground of delay in submitting the

documents. The delay deserves to be condoned as the petitioner's

husband is missing and she is staying with her parents and has to also

look after her two children. The petitioner's name will be included in the

next mini draw of lots, which will be held within three months from the

date copy of this order is received.

7. Learned counsel for the respondent-DDA has drawn my attention to

the averments in the counter affidavit that mutation/registration was

allowed only for refund of the registration money. This is not borne out

and stated in the letter dated 4th July, 2008 written by the DDA, which has

been quoted above. Obviously, the respondent-DDA was satisfied that the

registration granted in the name of Mr. Gurmeet Singh should be

transferred in the name of the petitioner. If the transfer of registration is

valid and correct, it would be unjust and unfair to treat the said transfer

valid only for the purpose of refund of the registration money and invalid

for allotment of a flat. The distinction drawn by DDA in this regard cannot

W.P. (C) No. 8553/2008 Page 3 be accepted. The respondent being a State has to be considerate and take

a sympathetic view. The petitioner, however, will submit a fresh indemnity

bond that in case her husband returns, the mutation/allotment shall be

transferred in the name of her husband Mr. Gurmeet Singh. No costs.

SANJIV KHANNA, J.

       OCTOBER 12, 2009
       VKR




W.P. (C) No. 8553/2008                                              Page 4