ANURAG SAHAI Vs. D D A

JUDGEMENT

(1.) Present petition has been filed by petitioner under Article 226 of the Constitution of India seeking the following prayers:

(2.) Rule. With the consent of counsel for the parties, present writ petition is set down for final hearing and disposal.

(3.) The necessary facts, to be noticed for disposal of the present writ petition, are that the petitioner registered himself with the respondent DDA under the New Pattern Registration Scheme, 1979, for allotment of a LIG flat on making payment of the registration deposit. At the time of registration, the petitioner had informed DDA his residential address as House No.B-60, Kidwai Nagar, New Delhi, where he was living at that time. As against the column "occupational address the petitioner had written the word "service , he had annexed an income certificate from his employer i.e. M/s Fasteners India on its letter head where both the factory and office address of the said business establishment were given (where he was gainfully employed). Thereafter the petitioner shifted his residence from Kidwai Nagar, however, he did not inform the DDA with regard to change of his residential address though the petitioner continued to work with the same business establishment. In the year 2000 priority number of the petitioner matured. The name of the petitioner was included in a draw held during this year in which he was allotted a LIG flat bearing no.175, Pocket-I, Sector-14, Dwarka, Phase-II, Delhi. A demand-cum-allotment letter was sent by DDA at the petitioner s residential address, available in the record of the DDA, however, the same was returned undelivered. The DDA did not send the demand-cum-allotment letter to the petitioner at his occupational address and, thus, on account of non-payment of the amount, the allotment made in favour of the petitioner was cancelled by the DDA.