KAILASH CHAND GUPTA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) CM No. 5741/2011 (exemption).

(2.) THE Appellant got his name registered under New Pattern Registration Scheme, 1979, (NPRS, for short) for allotment of MIG flat. He gave his address as House No. 10938, Gali Pipal Wali, Motia Khan, Delhi -6. Subsequently, on 2nd September, 1987, he informed DDA that he had shifted his residence to B -35, Pocket BR, Shalimar Bagh, New Delhi 110 052. Allotment of the Appellant matured in the draw of lots held on 28th March, 2001 and a flat at Dwarka was allotted to the Appellant. Demand -cum -allotment letter with block dates 30.8.2001 - 04.09.2001 sent to the Appellant at his new address. The said letter was received back with the report "left without address". It may be noted that the balance allotments under the said scheme had matured by 2003 -2004 and tail end allotments were made in 2004. As there was a delay in making allotments and in some cases Delhi Development Authority (DDA) had failed to rectify and record changes in their record, the DDA floated a Wrong Address Policy and the persons covered by the policy were entitled to allotment with some benefits/advantages.

(3.) LEARNED Single Judge has come to the conclusion that there is interpolation in DDA records and this letter dated 7th December, 1989 has been placed on the record. He has noticed that there is difference in signature of the receiving clerk on the letter available on the DDA record and photocopy of the same letter enclosed in the writ petition. The Appellant had appeared before the Committee in person and stated that he was not aware of the pendency of the writ petition in the High Court. He had disclosed that the case was actually being pursued by a property dealer who had engaged a lawyer to appear for him. It has been pointed out in the counter affidavit that signature of the Appellant on various documents differ.