LALIT KUMAR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) PETITIONER -Lalit Kumar is the son of Sh. Madan Singh who was allotted LIG Flat No. 52, Ground Floor in Sarai Khalil under NPRS - 1979 on the basis of computerized draw lots on 27 th September, 2002. Demand -cum -Allotment Letter was sent to Sh. Madan Singh on 13th January, 2003 on the last available address but it was returned back undelivered with postal remark ­"on enquiry it was found that no such person lives on this address" i.e. at E -129, Nehru Vihar, Delhi. Thereafter, allotment letter of 13th January, 2003 (Annexure -P -5) was sent to the allottee i.e. petitioner's father at his occupational address i.e. WZ -138, Ring Road, Naraina, New Delhi and it was returned back with the postal remarks "no such person is there". The allottee -Madan Singh had expired on 4th August, 2004 and the petitioner had sought mutation of the aforesaid allotment in his name and on 5th October,2004 vide letter(Annexure P -4) aforesaid flat stood transferred in the name of the petitioner who was called upon by the respondent to deposit the balance payment along with documents for taking the possession of the aforesaid flat.

(2.) PETITIONER vide letter of 31st December, 2004 (Annexure P -6) had sought extension of time to deposit the payment in respect of the flat in question as he was short of money. Vide Communication of 1st February, 2005 respondent had intimated the petitioner that two years had already lapsed and no extension can be granted as per policy and fortnight time was granted to the petitioner, to deposit the cost of flat and to take possession of the flat.

(3.) ,00,000/ - was still outstanding. Ultimately, vide Communication of 1st May, 2006 (Annexure P -15), respondent had cancelled the allotment of the flat in question which was allotted to the next waiting registrant. 4. On 25th May, 2006 petitioner had made representation (AnnexureP -16) to the respondent seeking restoration of the flat in question upon deposit of the balance amount with reasonable dues. Restoration of the flat in question was declined to the petitioner by the respondent vide Communication of 8th June, 2006 (Annexure P -17). However, at the public hearing afforded by the Vice Chairman of DDA, petitioner was purportedly told that he would be allotted another LIG flat under the revised policy of "Death Case" by draw of lots. Accordingly, in the computerized draw of lots on 15th January, 2009, petitioner was successful in obtaining allotment of Flat No.113 at Ground Floor in Pocket 14, Sector 20, Rohini and the last date for making the payment was 20th November, 2009.