PRAG JI Vs. DDA

JUDGEMENT

(1.) The petitioner had registered himself with the DDA for allotment of a Janta flat pursuant to its Housing Policy NPRS-1979. At the time of registration, he was residing at B-101, Madi Pur, JJ Colony but later on shifted from there to House No. 2120, Ganesh Pura-B, Tri Nagar, Delhi- 110035. Intimation of change of address was given by the petitioner to the DDA and this fact is admitted by the respondent DDA in its counter affidavit because in Para 'C' at page 54 of the paper book, the stand of the respondent is that the demand-cum- allotment letter was sent by the DDA to the petitioner at his changed address.

(2.) The petitioner was alloted a Janta flat bearing No. 212, Pocket-F-7A, Ground Floor in Rohini in draw held by the DDA on 14.02.1991. The said allotment was cancelled by the DDA because of non-payment of cost of the flat by the petitioner. Since the respondent DDA did not agree to restore the allotment on representation being made by the petitioner, the petitioner has filed the present writ petition for directions to the respondent DDA to allot him a Janta flat under its 'Change of Address Policy' at old cost prevalent at the time of allotment.

(3.) The case of the petitioner is that he never received the demand-cum- allotment letter from the DDA and, therefore, he cannot be blamed for non- payment of cost of flat which was the reason for cancellation of his allotment. Mr. N. Kinra learned counsel appearing on behalf of the petitioner has argued that the respondent DDA has failed to supply the copy of demand-cum-allotment letter alleged to had been sent at his changed address though it was specifically asked for under the Right to Information Act vide application being Annexure R-3 to the rejoinder at running page 93 of the paper book.