SANMUKH SINGH Vs. DDA

JUDGEMENT

(1.) The present petition is filed by the petitioner praying inter alia for directions to the respondent/DDA to allot him a MIG flat under the New Pattern Registration Scheme, 1979 (NPRS-1979) in lieu of cancellation of allotment of a MIG flat made in his favour in the draw of lots held in the year 2002.

(2.) The facts of the case lie in a narrow compass. It is the case of the petitioner that in the year 1979, the respondent/DDA announced a scheme for allotment of flats to be built under MIG, LIG and in Janta Category. The petitioner applied for and got himself registered for allotment of a MIG flat under the aforesaid NPRS-1979, after which, he was allotted registration No.30014. At the time of registration, the residential address given by the petitioner was "House No.19H, Arjun Nagar (Near Green Park), New Delhi-16". In support of the submission that the aforesaid address was the one that was furnished by the petitioner at the time of registration, counsel for the petitioner draws the attention of the Court to Annexure P-1, which is a copy of a deposit receipt dated 26.9.1979 issued by the respondent/DDA reflecting the aforesaid address as the address of the petitioner. In the year 1984, the respondent/DDA prepared a priority list and gave priority numbers to all the registrants and the petitioner herein was given priority No.34910.

(3.) In the year 2002, as per the priority list, the name of the petitioner came to be included by the respondent/DDA under a draw of lots held for MIG Category and he was allotted a Flat No.70 (Second Floor), Pocket 5, Sector 12, Dwarka Phase-I, New Delhi. But, thereafter, a demand-cum-allotment letter addressed to the petitioner was sent by the respondent/DDA at the wrong address, i.e., "House No.14H, Arjun Nagar, New Delhi" and as a result, the petitioner never received the same and remained unaware of the allotment made in his favour. In the meantime, the respondent/DDA cancelled the allotment made in favour of the petitioner due to non-response/non-payment by the petitioner.