CHANDER KANTA MALHOTRA Vs. DDA

JUDGEMENT

(1.) THE writ petition impugns the letter dated 5th July, 2011 of the respondent DDA refusing to include the names of the petitioners in the allotment made of Plot Nos.C-1, 2, 25 to 27, Mangolpuri Industrial Area, Phase-I, Delhi in favour of the respondents no.4 to 9.

(2.) ONE Sh. Inder Raj kakkar was entitled to allotment of alternative plots from the respondents no.1 to 3 DDA. However before the allotment could be made, the said Sh. Inder Raj Kakkar died on 2nd April, 1982 leaving his wife as his only natural heir; he and his wife being issueless.

(3.) THE respondent DDA has not considered the petitioners to be the legal heirs of late Sh. Inder Raj Kakkar. THE petitioners claim that they are. THEy contend that the rights to the aforesaid land of Sh. Inder Raj Kakkar on his demise were inherited by his wife Smt. Savitri Kakkar and Smt. Savitri Kakkar having died issueless, the rights in the land aforesaid inherited by her from her husband, under Section 15(2)(b) of Hindu Succession Act, 1956 devolve upon the heirs of her husband i.e. late Sh. Sh. Inder Raj Kakkar. It is further contended that thus Rule 3 in Section 16 of the Act would apply and the heirs of late Sh. Inder Raj Kakkar would be determined by deeming Sh. Inder Raj Kakkar to have died immediately after the demise of Smt. Savitri Kakkar on 10th August, 1986. Reliance in this regard is placed on Bhagat Ram (D) Vs. Teja Singh (D) AIR 2002 SC 1 and Bajaya Vs. Gopikabai (1978) 2 SCC 542.