Delhi High Court
Roshni Devi vs Dda on 3 May, 2010
Author: G. S. Sistani
45
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7065/2008
% Judgment Delivered on: 03.05.2010
ROSHNI DEVI ..... Petitioner
Through: Mr.Chetan Lokur and Mr.Shivkant Arora
for Mr.Viraj R. Datar, advs. for petitioner.
versus
D.D.A. ..... Respondent
Through: Mr.Rajiv Bansal, Advocate.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
1. Whether the Reporters of local papers may be allowed to see
the judgment?
2. To be referred to Reporter or not?
3. Whether the judgment should be reported in the Digest?
G.S.SISTANI, J. (ORAL)
1. Rule. With the consent of counsel for the parties, present petition is
set down for final hearing and disposal.
2. The facts of the case as set out in the petition are that husband of the
petitioner registered himself under the NPRS-1979 Scheme for
allotment of a flat in the year 1979. The name of Sh.Ishwar Prakash
Jindal (hereinafter referred to as, „the original allottee') was included
in the draw of lots held on 31.05.2002 and a flat was allotted to him.
Petitioner on coming to know about the allotment, approached the
DDA by a communication dated 09.07.2002 informing the DDA about
the demise of the original allottee. According to the petitioner no
reply was received from the DDA which forced the petitioner to make
another application to the DDA in the year 2007.
3. The grievance of the petitioner is that DDA in response to the
application for mutation of the allotment, has only processed the
application for refund of the initial payment made by the original
allottee. Counsel for DDA submits that the original allottee was
declared successful for allotment of an MIG flat bearing No.11, third
floor, Block D-5, Sarai Khalil, Delhi on cash down basis, through
computerized draw, held on 31.05.2002. A demand-cum-allotment
letter dated 25.06.2002 was sent to the original allottee, however,
the same was returned back undelivered by the postal authorities
with the remarks „addressee expired, hence returned'.
4. DDA along with the counter affidavit has filed a communication of the
year 2002 by which petitioner was called upon to purchase a book-let
from the sale counter containing details for carrying out mutation,
and then apply for mutation to enable the DDA to process the case.
5. It is the case of the DDA that petitioner did not purchase the book-let
nor applied in the prescribed format, which led to the DDA processing
the application simply for refund of the money deposited by the
original allottee.
6. Both counsel rely on the policy formulated by the DDA dated
18.04.2007. The relevant portion of this orders read as under:
"OFFICE ORDER
SUB: Mutation of Registration / allotment in the name of
Legal heirs/ Legatee after the death of original
registrant/ allottee of DDA flats.
In supersession of previous order on the subject cited
above, the following procedure shall be followed for
dealing with such cases in future:
TRANSFER OF REGISTRATION.
1. On the receipt of information about death of original
registrant, the applicant - legal heir/ legatee will be
informed by the Jr. Director/ Dy. Director of the
concerned Housing Department regarding the details
of the documents required for transfer of registration.
The applicant legal heir/ legatee shall further be
informed that the said documents should be
submitted at the earliest to enable the department to
process the case of the transfer of the registration
and to include the name of the transferee in the draw
of lots to be held subsequently.
MUTATION OF ALLOTMENT
i) On receipt of information about the death of
original allottee the applicant - legal heir/
legatee will be informed by the Jr. Director/ Dy.
Director of the concerned Housing Department
regarding the details of the documents
required for mutation along with the following
intimation:-
ii) that the required documents be submitted
within a month.
iii) That in order to avoid cancellation /payment of
interest, amount demanded in the letter should
be deposited.
iv) That in case the required documents and
amount demanded in the allotment letter will
not be deposited within 6 months from the date
of receipt of the ... interest @12% per ammum
will be charged from 7th monthonwards.
2. In case the applicant - legal heir/ legatee fails to
submit the required documents or the demanded
amount alongwith the interest upto a maximum
period of two years from the date of the receipt of
the letter referred above, the department shall issue
a show cause notice to the applicant - legal heir/
legatee as to why the mutation of allotment be not
cancelled.
3. In case the applicant- legal heir/ legatee fails to show
any sufficient cause to the satisfaction of the
Commissioner (Housing), the allotment shall be
cancelled with the approval of the Vice-Chairman.
4. In case the allotment letter is issued in the name of
original registrant, before intimation about the death
of the registrant/ allottee is received, there will be no
automatic cancellation of the allotted flat and the
above procedure shall be followed. Approval of VC
has been obtained in file No.21 (misc.)2000/
Pt.Or.491/2001 Legal.
(D.B. GUPTA)
Commissioner (Housing)DDA"
7. I have heard counsel for the parties and also carefully perused the
policy formulated by the DDA dated 18.04.2007. In this case husband
of the petitioner was allotted a flat by the DDA in a computerized
draw held on 31.05.2002, demand-cum-allotment letter was issued,
which was returned back undelivered with the remarks „addressee
expired, hence returned'. Although the present petitioner
approached the DDA for mutation, she did not comply with the
formalities as called upon by the DDA. As per the policy, in case the
legal heir fails to submit the required documents or the demanded
amount alongwith the interest upto a maximum period of two years,
it is mandatory for the DDA to issue a show cause notice to the
applicant as to why the mutation of allotment be not cancelled.
8. DDA is unable to point out whether any show cause was issued to the
petitioner as to why mutation of allotment be not cancelled. In the
absence of any show case, the order of cancellation is quashed.
Petitioner is accordingly directed the approach the DDA with all
relevant documents and DDA shall consider the case of the petitioner
for mutation of allotment. In case of any deficiency, DDA shall inform
the petitioner about the same.
9. Taking into consideration that this is a death case, DDA shall consider
the case of the petitioner sympathetically and as expeditiously as
possible and as per the policy of the DDA. All formalities be
completed within eight weeks from the date of receipt of this order.
10. Petition stands disposed of, in above terms.
G.S. SISTANI, J.
May 03, 2010
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