SURINDER KUMAR JAIN Vs. DDA

JUDGEMENT

(1.) Petitioner's application of 3 rd September, 1990 for restoration of Plot No. 23 in Vardhman Cooperative House Building Society Ltd. at Arihant Nagar near Punjabi Bagh, New Delhi (hereinafter referred to as the 'subject property') stood declined by the first respondent vide cryptic Communication of 12 th December, 1990 (Annexure P-15). However, the basis to cancel the allotment of the aforesaid property made to petitioner's brother Shri Ramesh Kumar Jain, is disclosed by the first respondent in its Communication of 6 th October, 1986 (Annexure P-11) to petitioner's afore-named brother.

(2.) Above said two Communications (Annexures P-11 & P-15) of the first respondent are impugned in this petition. In the first Communication (Annexure P-11) it was disclosed by the first respondent to petitioner's afore-named brother that he had obtained the allotment of the subject property by filing a false affidavit regarding not owning any residential property in Delhi whereas he had already owned another residential property in Delhi and that after obtaining the allotment of the subject property, he had subsequently transferred it in the name of his brother i.e. the petitioner.

(3.) In the draw of lots held by the first respondent in January, 1984 the subject property stood allotted to petitioner's afore-named brother and as per petitioner, he had raised objection to it and he was assured that the unintentional mistake would be rectified. Petitioner relies upon documents Annexures P-1 to P-4 to assert that the membership of petitioner's afore-named brother in Vardhman Cooperative House Building Society Ltd. stood transferred in the name of the petitioner way back in the year 1976 and this is so evident from the list of members (Annexure P-4) of aforesaid Cooperative Society, wherein the name of the petitioner figures at serial no.151 and copy of the Receipts (Annexures P-5 & P-6) showing the payment of subscription fees to the aforesaid Cooperative Society since the year 1986 are on record. Transfer of the subject property in the name of the petitioner was disclosed to the first respondent by the Secretary of the aforesaid Society vide letter of 25 th July, 1985 (Annexure P-9).