PRABHA ARORA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) With the consent of the parties, writ petition is taken up for disposal.

(2.) The petitioner's father Shri Jagdish Chand Janveja had got himself registered with the respondent for an MIG flat under the New Pattern Registration Scheme 1979. The registration was done vide registration No.28677, Priority No.9110 on 4.6.1980. In due course, an allotment-cum-demand/ letter bearing No.M.O. 24/(395)/90 RO/NP dated 4/21.2.90, for a MIG flat under the Hire Purchase cheme was issued. Petitioner's father by the said letter was allotted a flat bearing No.40, Block-A, Pocket-4. Sector 18, Rohini at a disposal cost of Rs.1,55,800/-. Apart from the registration amount, Petitioner's father had duly deposited a sum of Rs.26113.70 in response to the aforesaid allotment-cum-demand letter. Challan for the same has been produced. Petitioner's father had also submitted requisite documents required vide his letter dated 30.4.1990.

(3.) It is the petitioner's case that her father suffered a paralytic attack and was therefore unable to put his signatures. He accordingly put his thumb impression. Petitioner's father not having received any response, addressed a communication dated 25.11.1991; which was duly received by the respondents, explaining that he was physically paralysed and was unable to put his signatures and had therefore affixed his thumb impression. This was repeated in subsequent communications Annexures P.6 to P.9. The respondents however on the basis of nurturing some doubt with regard to the identity of the petitioner" "and his signatures having not been appended, cancelled' the" allotment of the petitioner. The petitioner's father expired on 4.2.1997. The question of justification or validity of the cancellation need not detain us any further since the respondent itself in the affidavit filed have accepted that the allotment in favour of Shri Jagdish Chand Janveja was cancelled only on the ground that in the application form he had put his signature in English, while on the documents furnished by him later for getting possession, only thumb impression was given. It is also admitted that the petitioner's father had deposited the demanded amount in time and also furnished the requisite documents within time. Averment in the affidavit summing up the position is as under:-