SARLA MAHINDRA Vs. DDA

JUDGEMENT

(1.) BOTH petitions entail similar controversy and are being listed together for hearing. However since the counsel for the Petitioners has argued with reference to the facts of W.P.(C) No. 19785/2005, the same is given precedence in the matter of discussion. The husband of the Petitioner in the said petition was a registrant for an MIG flat in the Rohini Residential Scheme of the year 1981 of the Respondent DDA; he died on 8th February, 1985 and the registration was transferred in the name of the Petitioner; in the draw of lots held on 11th June, 2003, the Petitioner was found entitled to Plot No. 325 admeasuring 60 sq. mtrs., Pocket C -V, Sector 28, Rohini Phase -IV and a demand cum allotment letter dated 5th -12th September, 2003 issued to her, demanding from her the premium of Rs.3,71,520/ -, of which Rs.1,17,250/ - was payable latest by 11th November, 2003, Rs.1,85,760/ - latest by 10th January, 2004 and balance Rs.55,728/ - on further demand; the demand cum allotment letter further provided that in case the Petitioner failed to deposit the amounts as aforesaid, the allotment will be treated as cancelled and no further request for restoration will be entertained in this respect.

(2.) THE Petitioner did not respond to the aforesaid demand cum allotment letter and did not make any payment as demanded therein.

(3.) THIS petition was filed, pleading that though the Petitioner had been visiting the office of the Respondent DDA for delivery of possession of the plot but the same had not been delivered and the Petitioner had received information that the Respondent DDA was intending to allot the plot allotted to the Petitioner and to deliver possession thereof to someone else and seeking mandamus to the Respondent DDA to deliver the possession of the plot and to execute the conveyance deed with respect thereto in favour of the Petitioner and to quash and set aside the order of cancellation of the allotment in favour of the Petitioner.