BALAKISHAN SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By way of present petition, the petitioner seeks quashing the order of cancellation of allotment of Flat No. 32, First Floor, Sector 15, Block F, Pocket 4, Rohini, Delhi. A direction is also sought to respondents to restore the allotment of said flat in favour of petitioner and deliver its vacant possession to the petitioner.

(2.) Briefly stated facts of this case are that petitioner applied for allotment of LIG flat under "Registration Scheme on New Pattern, 1979 of Intending Purchasers of Flats to be constructed by the Delhi Development Authority" in October, 1979. By letter dated 30th January, 1989, the petitioner informed the respondent / DDA about change in address from 1958, Kucha Chelan, Khari Baoli, Delhi to House No. 6073, Gali Batashan, Khari Baoli, Delhi. The said latter was diarised at S. No. 3449 on 24th February, 1989. The petitioner was allotted Flat No. 32, First Floor, Sector 15, Block 'F' Pocket 4, Rohini, Delhi on hire purchase basis in the draw of lots held on 14th March, 1990. Allotment letter dated 24th April, 1990-3rd May, 1990 was however sent by respondent/DDA at the old address of the petitioner. According to the petitioner, he had received the said allotment letter through has old neighbour on 27th July, 1990. On 1st August, 1990, the petitioner deposited a sum of Rs. 20,063.02. On 14th September, 1990, the petitioner deposited all documents along with original challan in support of proof of payment. The Director, Housing Department, DDA vide letter dated 24th September, 1990 informed the petitioner about cancellation of flat due to non-compliance of instructions contained in the allotment letter. The petitioner informed the respondent that he had deposited all the documents, furnished affidavits and undertaking along with the copy of challan towards payments on 14th September, 1990 and requested for setting aside of cancellation and restoration of allotment. A request was made also that possession of the flat be given to the petitioner. The petitioner was directed to deposit a sum of Rs.2,651/- towards cancellation charges within 90 days from the date of issue of letter. In reply the petitioner requested respondent/DDA to waive of the cancellation charges on the ground that he had already furnished the documents along with challan as proof of payment. The prayer of the petitioner was rejected by respondent/DDA vide letter dated 5th June, 1991. He was directed to deposit the cancellation charges within 10 days from the date of letter. The petitioner deposited cancellation charges on 26th June, 1991. The petitioner was allotted another Flat No. 10G, 3rd Floor, Pocket A-3, Group-II, Kondli Gharoli, Delhi at a disposal cost of Rs. 1,94,900/- on cash down basis vide letter dated 24.2.1992-27.2.1992. According to the petitioner, he had deposited a sum of Rs. 1,94,744.05 on 27th May, 1992 including interest on delayed payment under protest. Hence the present petition.

(3.) There is no appearance on behalf of respondent/DDA. However, counter affidavit was filed by the respondent/DDA on 4th February, 1993 wherein the respondent/DDA denied receipt of letter of petitioner regarding change of address. The plea taken in the affidavit was that there was presumption that earlier allotment letter was served on the petitioner for the reason that second allotment letter, which was also sent to the petitioner at the old address, was never received back. It is stated that payment was not made within the prescribed time and documents as required were also not furnished in time. The allotment of petitioner was cancelled due to his fault in not making the payments and non-submissions of documents in time. It is also stated that petitioner had accepted the second allotment and made the payment.