DELHI DEVELOPMENT AUTHORITY Vs. MOHINDER SINGH

JUDGEMENT

(1.) THE appellant DDA by this Intra-Court appeal impugns the judgment dated 19.05.2011 of the learned Single Judge of this Court allowing W.P.(C) No.1096/2011 preferred by the respondent and restoring the allotment of the LIG flat in favour of the respondent and directing the appellant DDA to issue a demand-cum-allotment letter in favour of the respondent for the amount the flat was initially allotted together with simple interest at the rate of 12% per annum.

(2.) THE respondent had applied to the appellant DDA under the New Pattern Registration Scheme (NPRS), 1979 for allotment of an LIG flat. No allotment was made in favour of the respondent till the year 2000, when the respondent shifted from the residential address furnished in the application form, to another address. THE respondent did not intimate the appellant DDA of the change in address. Resultantly, when the allotment in favour of the respondent matured in the year 2000 and a demand-cum-allotment letter dated 11.08.2000-18.08.2000 was sent at the address furnished by the respondent, the same was returned un-delivered.

(3.) IT was / is the plea of the respondent that even though he had not intimated of the change of his address but in the documents filed by him in the year 1979, his official address was available and where he continued to work till the year 2004; that upon the demand-cum-allotment letter being returned undelivered from his residential address, attempt for intimation at his occupational address ought to have been made.