SMT. NEETA RANI Vs. DDA

JUDGEMENT

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

(2.) THE facts of the case as set out in this petition are that mother -in -law of the petitioner late Smt. Saroj Aggarwal (hereinafter referred to as the Original Allottee) was allotted a plot bearing No. 042, Pocket - 12, Sector -24, measuring 60 sq.mtrs. under the Rohini Residential Scheme on 21.11.1991. Smt. Saroj Aggarwal also applied to the DDA for allotment of a flat under the Seventh Self Financing Scheme, category II and deposited an initial amount of Rs.50,000/ - along with the relevant documents on 27.10.1994. At the time of filling up the application form for the allotment of a flat under the Seventh Self Financing Scheme, category II, in column 8(a), the original allottee had disclosed the particulars of the land which had been allotted to her in the year 1991. The said column and the details given therein read as under:

(3.) IT is contented by counsel for the petitioner that in fact, Smt. Saroj Aggarwal had paid an amount of Rs.15,599/ - in excess which finds reflected in the fifth and final demand letter dated 19.11.1998 issued to the petitioner by the DDA at the time of the allotment of the flat. It is submitted that there is no amount due and payable by Smt. Saroj Aggarwal to the DDA. Smt. Saroj Aggarwal, during her life time had executed a Will dated 19.6.1996 by which she bequeathed all her movable and immovable properties in favour of her daughter -in -law, the petitioner herein. Smt. Saroj Aggarwal, during her lifetime had sold plot No. 42, Pocket -12, Sector -24, Rohini measuring 60 sq. mtrs. on 13.11.1997 even before the demand letter against the fifth and final installment in respect of the Self Financing Scheme Flat at Dwarka, was issued to her. On the demise of Smt. Saroj Aggarwal on 17.6.1998, by virtue of a Will dated 19.6.1996, the petitioner became the absolute owner of the flat bearing No. 44, Category II, Sector -3, Pocket -16, Dwarka. At the request of the petitioner, the respondent DDA mutated and transferred the flat in favour of the petitioner on 17.4.2003. During the period 2003 -07, the petitioner stated to have visited the office of the DDA and met senior officials. However, the possession of the flat was not handed over to the petitioner.