GOVIND SINGH BAGGA Vs. DDA

JUDGEMENT

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

(2.) Brief facts of the case, as set out in the petition, are that on 12.06.1980, petitioner registered himself under New Pattern Registration Scheme, 1979, for allotment of an MIG flat. In view of his transferable job, petitioner gave the address for the purpose of communications of his friend (care of Sh. Dr. G. Sachdeva, WZ-93, Ramgarh, New Delhi). Vide communication dated 26.04.1988 petitioner informed the DDA about change of his address [from WZ-93, Ramgarh, New Delhi to 10, Vinay Nagar, Sector 4, Gwalior (M.P.)] for future correspondence. This letter of the petitioner was acknowledged by the DDA vide Diary No.2159 on 26.04.1988. Petitioner is stated to have visited Delhi to check the status of his allotment and reaffirmed to DDA his Gwalior address vide letter dated 13.01.1991. This letter of the petitioner was acknowledged by the DDA vide diary No.171 on 14.01.1991. On 31.05.2002, DDA allotted a flat bearing no.30 D, sector 7 Pocket 2, 3rd floor, Dwarka, New Delhi, in the draw held on 31.05.2002 in favor of the petitioner. Thereafter demand-cum-allotment was sent at the old address i.e. WZ-93, Ramgarh, New Delhi. DDA received back the demand-cum-allotment letter undelivered with the endorsement 'shifted'. The petitioner again visited DDA on 27.10.2005 to check the status of his allotment, when he learnt that an allotment was made in his favour in the year 2002, however, the same was cancelled due to non delivery of the letter and consequent non-payment. Petitioner is stated to have made a representation to the DDA on 27.10.2005 itself which was acknowledged by the DDA vide diary no.11042. In response to this representation, no communication was received by the petitioner from the DDA, which prompted the petitioner to make another representation to the DDA on 16.12.2005, which was sent to the DDA by Registered AD No.5264, which representation met the same fate. Petitioner thereafter on 29.07.2006 made yet another representation to the DDA, which was sent by Registered AD No.1655. On 22.01.2007, petitioner is stated to have visited Delhi again, and met the Director (MIG) in a public hearing (Sl. No.250) to know the progress of his case, but to no effect. The petitioner thereafter made another representation to the DDA on 20.11.2008, which was acknowledged by the DDA vide receipt no.36568 dated 20.11.2008. The petitioner also visited the Deputy Director (MIG) on 02.06.2009 vide DDA visitor pass No.097371. All the representations and the personal visits did not wake up the officers of the DDA from their deep slumber. The petitioner has thereafter knocked the doors of this Court for justice in the year August, 2009.

(3.) Counter affidavit has been filed by the DDA. The stand taken by DDA in the counter affidavit is that demand-cum-allotment letter was issued to the petitioner at the address which was initially given by the petitioner 'care of Dr. G. Sachdeva, WZ/93, Ramgarh, Delhi', and the said Dr. G. Sachdeva continues to reside at the same address. Counter affidavit is, however, completely silent as to why DDA did not respond to various representations made by the petitioner from the year 2005 to 2009.