DELHI DEVELOPMENT AUTHORITY Vs. VEENA ANDLEY

JUDGEMENT

(1.) The challenge by the appellant DDA in this Intra Court Appeal is to the order dated 6 th January, 2010 of the Learned Single Judge allowing W.P.(C) No. 6131/2007 preferred by the respondent and directing the appellant DDA to include the name of the respondent in mini draw of lots to be held within two months from the date of the order. Though this appeal was preferred after the delay of 45 days but the said delay was condoned and the notice of the appeal issued on 20 th July, 2010 and the implementation of the order stayed. The counsels have been heard.

(2.) The undisputed facts are that the respondent is the widow of a former Acting Chief Justice of this Court who died in harness; it was decided that in lieu of ex gratia payment to which the respondent had so become entitled to, she be allotted a flat; a recommendation was forwarded by the Registrar of this Court to the appellant DDA and since allotment was to be made from a special quota, the matter was placed before the Lt. Governor of Delhi; the Lt. Governor directed allotment of a flat under SFS Category-III to the respondent; pursuant thereto a flat in Dwarka was allotted to the respondent and a demand-cum-allotment letter dated 8 th February, 2002 issued in terms thereof the price demanded was to be paid within 120 days thereof. The said price was not paid, as according to the respondent she was then facing financial constraints on account of the marriage ceremonies of her daughter. It is admitted by the counsel for the appellant DDA before us also that the marriage of the daughter of the respondent was indeed scheduled for and held in December, 2002. The respondent on 8 th March, 2006 represented to the appellant DDA for restoration of the allotment earlier made; upon receiving no response from the appellant DDA inspite of reminders, the writ petition aforesaid was filed.

(3.) The appellant DDA contested the writ petition pleading, delay on the part of the respondent in approaching the appellant DDA for restoration of the allotment; that the allotment earlier made stood automatically cancelled on non-payment of the demanded amount; the flat earlier allotted to the respondent having been allotted to some other registrant and the respondent being not entitled to restoration thereof or for allotment of any other flats.