RAVINDER NATH JAIN Vs. DDA

JUDGEMENT

(1.) COUNSEL for DDA had entered appearance when the matter was listed on the first date of hearing i.e. 20.03.2009. Thereafter the matter was adjourned to 13.4.2009, 25.5.2009, 17.8.2009, 1.12.2009. On 1.12.2009 none was present on behalf of the DDA and this court had observed that despite time having been granted to file counter affidavit, neither counter affidavit has been filed nor anyone is present on their behalf; and subject to payment of costs of Rs.5000/ - to be paid to the petitioner two weeks time was granted to file counter affidavit. Position is no different today. No counter affidavit has been filed.

(2.) COUNSEL for DDA seeks more time to file counter affidavit. The request is rejected, in view of the fact that sufficient time and opportunity has been granted to file counter affidavit.

(3.) DDA allotted a flat bearing No.25, Second Floor, Sector -21, Pocket -7, Rohini, Delhi in the draw held on 31.3.2004 and sent the demand letter at the old address of the petitioner, despite information of change of address having been supplied to the DDA. On 10.9.2004 petitioner on one of his visits to Delhi met the Assistant Director and came to know about the allotment that a flat has been allotted to him in the draw held on 31.3.2004. The petitioner submitted a representation to the Assistant Director vide diary no.30703 dated 10.9.2004. In the representation petitioner brought to the notice of the DDA that he had not received the demand letter and he had come to know that last date of payment was 4.1.2005 and he requested the Assistant Director to issue the demand letter by hand to him or send the same by post as the last date of payment was still 4 months away. Copy of this letter dated 10.9.2004 has been filed as Annexure P -5 to this writ petition. It is the case of the petitioner that he met the Deputy Director again on 1.9.2005 and reiterated his request and also stated that the last date of payment was 4.1.2005 and the petitioner had made a representation on a date prior thereto for handing over a copy of the demand letter by hand or by post.