ATTAR KAUR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In the year 1979 the Delhi Development Authority, the Respondent herein, announced a Scheme for allotment of flats in Delhi to the citizens of India. The said Scheme was called the New Pattern Registration Scheme, 1979 (In short, "N.P.R.S., 1979"). The Petitioner applied for under the said scheme for allotment of a LIG flat. On the basis of the application of the Petitioner her name was registered under the aforesaid Scheme. A priority list was drawn up in the year 1985 by the Respondent and the Petitioner was allotted a priority number being No.28509. The Respondent thereafter floated another Scheme known as "Avas Sakar Yojna" in the month of November, 1988 wherein an option was given to the registrants of N.P.R.S. 1979 with priority number beyond 10000 to give their willingness to become members of Cooperative Group Housing Societies to be formed under the Supervision of the Delhi Development Authority with a stipulation that such Societies would be allotted land on priority basis. Relevant portion of the scheme having a bearing on the present case is extracted below:

(2.) The Petitioner requested for transfer of her registration to the aforesaid Scheme and accordingly on the basis of her request her registration was transferred to "Avas Sakar Yojna". Even in spite of the aforesaid facility granted under the Scheme of "Avas Sakar Yojna" theetitioner alongwith some other registrants who similarly exercised their options could not get benefits under the said scheme and could not gel any allotment of land. Subsequently a policy was framed by the Respondent to the effect that all the registrants who were transferred to "Avas Sakar Yojna" for allotment of flats and could not be considered as member of the Society and their priority numbers were covered in the N.P.R.S. 1979, they would again be considered once again in the N.P.R.S. 1979 Scheme. Pursuant to such policy, vide Resolution dated 7.10.1992, it was resolved by the Respondent to close the aforesaid Avas Sakar Yojna Scheme' and not to entertain any further case under the scheme for allotment of land. The petitioner, therefore, in terms of the aforesaid policy of the Respondent continued to be a registrant under the N.P.R.S. 1979 Scheme with her priority No-28509 remaining intact. The aforesaid position is also in consonance with the Division Bench decision of this Court in C.W.P. No.5628/93 titled Frontier Avas Sakar C.G.H.S. Limited & Others Vs. D.D.A. & Others disposed of on 1.7.1996, which held that such persons like the Petitioner would continue to be registrants under N.R.P.S. 1979 and that they would still have the priority number under the said Scheme.

(3.) It is stated in the petition that LIG registrants of N.P.R.S. 1979 having priority above 28600 were covered in the beginning of the year 1994 and in a draw held on 20.1.94 names of registrants having priority numbers upto 28600 were included and allotment of flats were made to some of such registrants. It has been pleaded that the name of the Petitioner with registration No.28509 was illegally riot included in the said draw. The petitioner, therefore, made a representation to the Respondent on 15.9.98 bringing to the notice of the Respondent the aforesaid position and requested that her name be put in the next draw and she be allotted a flat at the same cost. Even in spite of the reminders being Issued no action was taken by the respondents and, therefore, the Petitioner filed the present petition in this Court seeking for issuance of awrit of mandamus to the respondents directing the respondents to include the name of the Petitioner in the next draw of lots and also to allot a flat to the Petitioner at the rates prevalent in the year 1994 in terms of the policy of the respondent.