SUDHAN PANDE Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Rule. With the consent of the parties, writ petition is taken up for disposal. The petitioner by this writ petition seeks a writ of mandamus to be issued to DDA to allot a category-II flat. Pursuant to the petitioner's registration under the Sixth Self financing Scheme interim directions were also sought for reservation of Category-II flat. It may be noticed that the petitioner had earlier filed a writ petition bearing CW No.4436/98. The said writ petition was withdrawn with liberty to file a fresh one, since petitioner wanted to incorporate certain additional grounds.

(2.) The controversy involved in the present writ petition is a short one. Petitioner, resident of Calcutta, submits that he was not aware of the publication of the notice inviting applications for allocation of the flats as per the advertisements taken out in the newspapers. Counsel for the petitioner submits that such notices were published only in the Delhi Edition of the national newspapers. Hence the petitioner remained oblivious of the same. Learned counsel for the petitioner submits that the petitioner being resident of Calcutta did not know about the said advertisements/publications of the notices. He further submits that registration under the scheme was not confined to those domiciled in Delhi alone.

(3.) After hearing the counsel for the parties, I find considerable merit in the position taken by the respondents. It is unfortunate that the petitioner, who happens to be a resident of Calcutta, was not vigilant enough to make arrangements for keeping track of the eligibility list of allottees, which were being displayed. In fact the advertisements carried the the legend that eligibility list would be displayed on the notice board.