SHRI DEV DUTT Vs. DDA

JUDGEMENT

(1.) THE petition impugns the letter dated 06.06.2006 of the respondent DDA to the petitioner and seeks a mandamus to the respondent DDA to issue Demand-cum-Allotment Letter in respect of flat No.419, Sector-17, Pocket-A, Phase-II, Dwarka, Delhi to the petitioner at the cost prevalent in March, 2004 or in the alternative, a mandamus to the respondent DDA to allot any other MIG Flat in the same zone at the cost prevalent in March, 2004.

(2.) NOTICE of the petition was issued, though no interim relief sought restraining the respondent DDA from allotting the flat to anybody else granted.

(3.) THE respondent DDA in its counter affidavit has stated that the demand-cum-allotment letter dated 25.08.1986 with respect to the Nand Nagri flat was dispatched to the petitioner at the address given by the petitioner but the same was returned undelivered with the remarks "left without address". It is further pleaded that the petitioner neither requested the respondent DDA to cancel the allotment nor to put his name at the tail end priority, though the respondent DDA claims to have issued a letter dated 29.07.1988 to the petitioner as under: