VIDYAWATI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE present petition is filed by the petitioner praying inter alia for directions to respondent No.1/DDA to include her name as per her seniority in the list of recommendees for allotment of an alternative plot in South/Dwarka Zone in the draw of lots which was scheduled to be held on 5.2.2010.

(2.) THE facts of the case, as stated in the writ petition are that, the land of the husband of the petitioner late Shri Moji Ram, was acquired on 23.3.1965, vide Award No.1802, for the purpose of "Planned Development of Delhi". Possession of the acquired land was taken by respondent No.2/Govt. of NCT of Delhi and handed over to respondent No.1/DDA. In the year 1965-66, the husband of the petitioner had filed an application with W.P.(C) No.647/2010 Page 1 of 6 respondent No.2/Govt. of NCT of Delhi for the allotment of an alternative plot in lieu of his land which was acquired by respondent No.2/Govt. of NCT of Delhi and placed at the disposal of respondent No.1/DDA. On 9.9.1991, Shri Moji Ram was allotted an alternative plot measuring 250 sq. yards (Annexure P-3).

(3.) VIDE order dated 1.2.2010, while issuing notice on the present petition, directions were issued to respondent No.1/DDA to include the name of the petitioner in the draw of lots fixed for 5.2.2010, without prejudice to the rights and contentions of the respective parties. Thereafter, a counter affidavit was filed by respondent No.1/DDA, wherein it is stated that pursuant to the order dated 1.2.2010, inadvertently, the name of the deceased husband of the petitioner, namely, Shri Moji Ram was included in the draw of lots held on 5.2.2010, instead of the petitioner's name and a plot measuring 209 sq. meter bearing No.36, Pocket 9, Sector 23-B in Dwarka, Delhi, was allotted. It is further stated that in the past, the authority being had discovered that there were cases of some fake recommendation letters being forwarded to them, which had also come to the notice of the DDA/Delhi Administration and therefore it was decided to re-verify the genuineness of the recommendees from the Land & Building Department of respondent No.2/Govt. of NCT of Delhi. Accordingly, a copy of the recommendation letter of the petitioner was forwarded by respondent No.1/DDA to the Land & Building Department of respondent No.2/Govt. of NCT of Delhi, vide letter dated 22.9.2009, for verifying its genuineness along with 489 other such recommendation letters.