LAWS(DLH)-2012-2-328

BRINDA GHOSH Vs. DDA

Decided On February 13, 2012
BRINDA GHOSH Appellant
V/S
DDA Respondents

JUDGEMENT

(1.) THE present petition is filed by the petitioner praying inter alia for directions to the respondent/DDA to hold a mini draw of lots and allot a MIG flat in her favour, under the New Pattern Registration Scheme 1979 (in short 'the NPRS 1979') against registration No.13495, whereunder the deceased father of the petitioner, Shri Amal Chandra Biswas was earlier registered.

(2.) THE brief facts of the case are that in the year 1979, late Shri Amal Chandra Biswas got registered with the respondent/DDA under the NPRS 1979. At the time of registration, as required by the respondent/DDA, he had furnished two addresses in his application form, one was his residential address and the other was his occupational address. THE petitioner's father had typed a note in the column of "occupational address", in the application, for the purpose of correspondence, stating inter alia that his occupation address was "C/o M/s Voltas Limited, 31, Najafgarh Road, Delhi- 110015.

(3.) ON 4.8.2008, the petitioner submitted all requisite documents for the purpose of mutation. ON 12.9.2008, the petitioner furnished further documents as called upon by the respondent/DDA. As per the petitioner, after completion of all necessary formalities and verification by the respondent/DDA, the mutation took place in her favour, vide letter dated 7.10.2008 issued by the respondent/DDA (at page 27 of the paper book). Thereafter, upon inquiry, the petitioner came to know that a flat in Dwarka Zone had been allotted to her father in the year 2002, but at the relevant time, the respondent/DDA had dispatched a demand-cum-allotment letter at his residential address as given in his application and not at the occupational address. The aforesaid demand-cum-allotment letter was returned back undelivered and subsequently, the allotment was automatically cancelled by the respondent/DDA.