ASHOK KUMAR JAIN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) CM 17873/2010 Allowed, subject to all just exceptions. CM 17872/2010 This is an application for condonation of delay in filing the appeal. For the reasons stated in the application, delay in filing the appeal is condoned. Accordingly, the application is disposed of. LPA 716/2010 Present Letters Patent Appeal has been filed challenging the judgment dated 14th May, 2010 whereby the learned Single Judge has dismissed the appellant's writ petition being W.P.(C) 293/2009.

(2.) THE relevant facts of the present case are that the appellant made an application dated 24th September, 1979 for registration of allotment of flat/house under the 4th Registration Scheme floated by respondent- DDA. According to appellant, he shifted his residence in the year 1983 from C-73 (121), South Moti Bagh, New Delhi to 81-B, Pocket-3, Phase-I, Mayur Vihar, Delhi. It is the appellant's case that intimation of change of address was duly given to the respondent-DDA. It is further the appellant's case that in the year 1992, the appellant again shifted his residence from Mayur Vihar to 240, Suryaniketan, Opp. Anand Vihar, Delhi. It is also the appellant's case that the respondent- DDA was informed about the second change of address vide letters sent by UPC dated 11th April, 1996 and 21st October, 1996. However, the respondent-DDA has disputed receipt of any information with regard to second change of address.

(3.) MR. Rajesh Gogna, learned counsel for the appellant has reiterated before us that the cancellation of allotment of the flat was bad in law as appellant had not been informed about the initial allotment at his new address at 240, Suryaniketan, Opp. Anand Vihar, Delhi, even though the respondent-DDA had been intimated about the second change of address. He further submitted that the respondent-DDA is bound in law to issue the allotment letter by way of a registered A.D. letter.