Delhi High Court
Sanjay Wasson vs Dda on 16 May, 2011
Author: G. S. Sistani
35.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3861/2010.
% Judgment Delivered on: 16.05.2011
SANJAY WASSON ..... Petitioner
Through : Mr. N. Kinra, Adv.
versus
DDA ..... Respondent
Through : Mr. Rajesh Mahajan, Adv.
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 writ petition is set
down for final hearing and disposal.
2. Facts of the case as set out in the petition are that father of the
petitioner (hereinafter referred to as "the original allottee") had
booked a MIG flat in the year 1979 vide Registration No.39630. In
the application form, the original allottee had mentioned two
addresses - one being the residential address and the other being
his occupational address, which is evident from the photocopy of
the application form, which has been filed along with the writ
petition. The original allottee expired on 2.6.1994. On 24.9.1999 in
the draw held with the last date of payment as 15.9.1999 the
original allotee was allotted a flat bearing no.157, Pocket D, Sector
17, First Floor, Dwarka, Delhi. Although a demand letter was sent
at the residential address mentioned in the application form,
however, the demand letter was received back by the DDA
undelivered with the endorsement "shifted". Admittedly, the
demand letter was not sent at the occupational address, which was
available with the DDA.
3. Learned counsel for the petitioner submits that as the original
allottee had died his family had shifted out of the said residence,
the Demand-cum-allotment letter could not be received. Mr.Kinra,
counsel for the petitioner submits that as per DDA's own policy
once the demand letter was received back undelivered, in that case
the demand letter was to be sent at all the addresses available with
the DDA.
4. Counsel further submits that for the first time the petitioner
approached the DDA by a communication dated 12.12.2000 to
know about the status of the allotment and intimated DDA about
the death of his father and thereafter he was given a personal
hearing by the Deputy Director on 16.6.2005 when he learnt about
the status of the draw, which was held on 15.9.1998 and also the
fact that a demand letter was sent at the residential address from
where the petitioner had left.
5. Counsel for the petitioner submits that thereafter the request of the
petitioner for mutation of the allotment in his favour was not
exceeded to by the DDA, despite the petitioner having approached
the DDA on 2.3.2006, 22.1.2007 and 12.6.20009 and it is only on
7.4.2010 DDA directed the petitioner to file necessary documents
for carrying out mutation, which were filed, and thereafter mutation
was effected in favour of the petitioner on 12.5.2010. Petitioner
seeks allotment of a flat as per the policy of the DDA.
6. Learned counsel for the petitioner submits that although petitioner
approached the DDA within four years of allotment, neither
mutation was carried out nor fresh demand-cum-allotment letter
was issued.
7. Learned counsel for the respondent disputes receipt of letter dated
12.12.2000. Counsel further submits that even otherwise there is
no explanation as to why the petitioner remained silent between
the years 2000 to 2005 whereas after the year 2005 the petitioner
has been extremely active, which is evident from the fact stated in
the writ petition.
8. Mr.Kinra, submits that even assuming without admitting that
petitioner approached the respondent after four years, petitioner
would still be entitled to a flat on the payment of interest at the
rate of 12% on the demand letter issued to the petitioner in the
year 1999, as per the policy of the DDA.
9. I have heard counsel for the parties and also perused the writ
petition and annexures filed thereto. Basic facts of the case are not
in dispute that original allottee had made an application to the DDA
for allotment of MIG flat vide Registration No.39630. In the
application form he had given two addresses one being the
residential i.e. No.838, Chandni Mahal, Darya Ganj, Delhi-6, and the
other being occupational address i.e. No.3973, Chawri Bazar, Delhi-
6. A demand-cum-allotment letter was issued to the original
allottee at the residential address, however, the said demand-cum-
allotment letter was not received by the original allottee or his
family members and as per the postal authorities the letter was
undelivered with the endorsement "shifted". The DDA for the
reasons best known to it, did not issue the demand letter to the
original allottee at the second address available with them and as
per their own policy given in file no.195(155)93 and Office Order
dated 25.2.1995, which was being followed by DDA. Policy of the
DDA is not disputed by counsel for the DDA. Having regard to the
facts of the case I am satisfied that the aforesaid policy of the DDA
would be applicable in the case of the petitioner.
10. The next question, which arises for consideration is the date when
the petitioner approached the DDA. The date when petitioner
approached DDA is crucial for this reason that in case petitioner
approached DDA within four years of issue of demand-cum-
allotment letter, DDA would not be entitled to interest.
11. Since there is nothing on record to show that the letter dated
12.12.2010 was posted, delivered or received by the DDA, it would
be deemed that petitioner had approached the DDA after four
years of allotment letter. Thus, as per the policy of the DDA dated
25.2.2005, DDA would be entitled to charge Simple Interest from
the petitioner at the rate of 12%, per annum, w.e.f. original
allotment till the date of issue of demand-cum-allotment letter.
Accordingly, writ petition is allowed. Rule is made absolute.
12. DDA shall issue a demand-cum-allotment letter within a period of
eight weeks from receipt of this order in favour of the petitioner at
the cost prevalent at the time of original allotment plus 12% Simple
Interest, per annum, w.e.f. original allotment till the date of
issuance of demand-cum-allotment letter, as per Office Order of the
DDA dated 22.2.2005.
CM NO.7753/2010
13. Application stands disposed of in view of the order passed in the
petition.
G.S. SISTANI, J.
MAY 16, 2011
'msr'
