MOHINDER MALIK Vs. DDA

JUDGEMENT

(1.) With the consent of learned counsel for the parties the matter is taken up for final disposal.

(2.) A common question of law arises in three writ petitions where all the petitioners were registrants with respondent DDA under the NPRS Scheme, 1979. The petitioners were not allotted any flat and subsequently the registration of the petitioners was converted into a new scheme of Awas Sakar Yojna. In October, 1992 DDA decided to close the said scheme other than for certain societies already registered. This decision was challenged in the High Court where it was represented by the DDA that such of the registrants of original NPRS Scheme, 1979 who had opted for Awas Sakar Yojna but who had not been identified as members of the society would continue to remain the members of NPRS Scheme, 1979 along with their priority number and would be entitled to the allotment in accordance with the Scheme. The petitioners fell in this category.

(3.) In 1998 draw of lots was held in respect of the priority numbers of similarly situated persons but the name of the petitioners were not included in the draw of lots. It is not disputed that there was a mistake on the part of the DDA in not including these persons in the draw of lots.