HARISH CHANDER SHARMA Vs. DDA & ANR.

JUDGEMENT

(1.) RULE . With the consent of counsel for the parties, writ petition is set down for final hearing and disposal.

(2.) PRESENT petition has been filed by the petitioner under Article 226 of the Constitution of India and is directed against the order dated 26.6.2007 passed by the Estate Officer as also the order dated 10.2.2009 passed by the District Judge in an appeal filed by the petitioner.

(3.) COUNSEL for the petitioner submits that DDA without considering the facts as also the contents of reply and also without any application of mind, issued a cancellation letter, by virtue of which, the flat allotted in favour of the father of the petitioner by the DDA, was cancelled on 3.8.1993. Subsequently, a notice under Section 4 of Public Premises (Eviction of Unauthorised Occupants) Act, 1971, was received by the father of the petitioner on 23.8.1994. Reply to this notice was filed by the father of the petitioner on 4.10.1994. On 12.7.1993 father of the petitioner expired. Meanwhile, the petitioner had applied for conversion of the flat, in question, from lease hold to free hold, however, the Estate Officer passed an order of eviction on 26.6.2007. Appeal filed by the petitioner against the aforesaid order was also dismissed.