Delhi High Court

Raman Sharma vs Dda on 8 February, 2010

Author: G. S. Sistani

18.
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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) 9615/2007

                                    Judgment dated 8th February, 2010.

RAMAN SHARMA                                              ..... Petitioner
                    Through :   Ms. Richa Kapoor, Adv.

                    versus

D.D.A.                                                    ..... Respondent
                    Through :   Mr. G.D. Parashar, Adv.

      CORAM:
      HON'BLE MR. JUSTICE G.S.SISTANI

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

G.S.SISTANI, J. (ORAL)

1. Rule. With the consent of learned counsel for the parties, writ

petition is set down for final hearing and disposal.

2. Brief facts, as set out in the present petition, are that the

petitioner got himself registered under the New Pattern

Registration Scheme, 1979 ( hereinafter referred to as "NPRS,

1979" ) for allotment of an LIG flat. The petitioner was allotted LIG

registration number 59051. In the year 1985, the petitioner

sought conversion of his flat from LIG to MIG in accordance with

rules and regulations of the DDA. The DDA acceded to the request

of the petitioner on receipt of charges and converted the

registration of the petitioner to MIG category under the NPRS,

1979.

3. It is the case of the petitioner that the DDA took over 25 years to

allot flats to MIG registrants under the NPRS, 1979, and persons

who converted their registration from LIG to MIG were to be

considered at the end of the scheme that is when the tail end

draws were to be held under the NPRS, 1979, (MIG Category). The

DDA is stated to have held draws for registrants of the conversion

category as that of the petitioner w.e.f. 2003 and continued to

cover these cases for allotment according to availability of flats up

to November - December, 2004.

4. Learned counsel for the petitioner submits that the name of the

petitioner was not considered at its turn at the tail end draw for

reasons best known to the DDA. The petitioner, it is stated, was

entitled to be considered at the draw of MIG category lots held by

DDA at the tail end Scheme in 2003 - 2004. Since the petitioner

did not receive any intimation of allotment under the NPRS, 1979,

under MIG category, the petitioner made enquires about the

status of his registration from the DDA in January, 2007. The

petitioner also informed the DDA on 17.01.2007 with regard to his

change of address. This letter, which was sent by Registered

Speed Post on 19.01.2007, was received by the respondent DDA

on 24.01.2007. Petitioner is stated to have approached the DDA to

enquire about the status of his allotment, however, he was

shocked to learn that almost all the registrants had been allotted

flats under the MIG category. In February, 2007, petitioner

appeared in a public hearing before the Commissioner (Housing),

DDA, seeking redressal of his grievance for not having been

allotted an MIG flat. The petitioner learnt that, in fact, an MIG flat

at Dwarka had been allotted to him way back in the year 1994,

however, the same stood cancelled as his name was included by

the DDA in 1994 by mistake and, thus, a demand-cum-allotment

letter was not issued to him.

5. Learned counsel for the petitioner submits that the case of the

petitioner would be fully covered by the Office Order dated

25.02.2005, as the case of the petitioner is covered under the

Missing Priority Cases. Counsel further submits that the petitioner

approached the DDA within four years of the priority being

missed, and, thus, the petitioner is to be allotted a flat at the rate

of 2004 without payment of any interest.

6. Notice in this petition was issued. Counter affidavit has been filed.

As per the counter affidavit an allotment was made in favour of

the petitioner in the year 1994, however, all the four unsigned

allotment letters are available on the file with an endorsement

"Registration cancelled". It has also been stated that the

allotment letter was not delivered to the petitioner.

7. Learned counsel for the petitioner submits that publicity was

given in various newspapers calling upon the registrants to

approach the DDA whose names have not been included in the tail

end draw of lots and who have so far had not got the allotment.

Counsel further submits that the petitioner cannot be penalized

for the inaction on the part of the DDA. The name of the petitioner

should have been included in the tail end draw of lots, which was

held in the year 2004.

8. I have heard learned counsel for the parties and perused the

documents placed on record. There is no explanation rendered by

the DDA as to why the name of the petitioner was not included in

the draw of lots which was held from 2003 upto November,

December 2004, with regard to similarly situated persons. The

Office Order dated 25.02.2005 reads as under:-

DELHI DEVELOPMENT AUTHORITY HOUSING DEPARTMENT

No.F.2(10)/2002/Coord.(H)/49 Dated 25/2/05

OFFICE ORDER

The Delhi High Court vide its order dated 6.12.2004, in W.P.(C)No.19095/2004 and in other 15 Writ Petitions, has decided issues relating to issuance of demand letter at wrong address and missing priority cases of DDA flats. In view of the directions/orders of the High Court, Office Order No.F.2 (10)/ 2002 /Coord. (H)/1.18, dated 21.11.2002 is hereby amended as under:

1. In cases, wherein change of address was intimated by the registrant but erroneously not recorded by DDA and thereby demand letters were sent at wrong/ old address and the allottee approaches DDA within a period of four years from the date of allotment, he/she shall be allotted flat at the old cost, prevalent at the time when the priority of allottee measured and the allotment letter issued, and no interest will be charged. The allotment will be made at old cost subject to following:

(a) He should approach DDA within a period of four years from the date of issue of demand letter at the wrong address.

(b) He should have proof of having submitted a request for change of address to DDA duly signed by the allottee himself/herself i.e. proof of receipt at DDA Counter.

(c) He should have documentary proof of change of address viz. Ration Card/ Election Card/ Identity Card/ Passport, Etc. (Duly attested by the Gazetted Officer).

2. In cases, where such an intimation has been made but the allottee has not approached the DDA within a period of four years from the date of allotment, the allottee shall be considered for allotment of flat at the old cost prevalent at the time of original allotment + 12% simple interest w.e.f. the date of original allotment till the date of issue of fresh Demand-cum-Allotment Letter.