AMIT KUMAR TRIPATHI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner vide the present petition seeks the directions for quashing of the impugned cancellation order dtd. 23/11/2007 issued by the Delhi Development Authority, i.e., the respondent to the present petition, vide which letter No. F.44(1474)04/LSB(Rohini)/44893 dtd. 23/11/2007, the allotment of plot No.78, Pocket B-3, Sector-29, measuring 60 sq.mtr. in Rohini Phase-IV Residential Scheme under the MIG category of the petitioner was cancelled as the petitioner's mother Shakuntala Tripathi w/o Sant Ram Tripathi had already been allotted plot No. 228, Pkt-16, BLK-D, Sector-7, Rohini Delhi and thus the petitioner's father Mr.Sant Ram Tripathi was not entitled for allotment of any plot from the Delhi Development Authority. The petitioner has also sought directions to be issued to the respondent to restore plot No.78, Pocket B-3, Sector-29, measuring 60 sq.mtr. in relation to the petitioner also, inter alia apart from seeking the direction for the status of the petitioner's online representation dtd. 12/3/2013.

(2.) The petitioner has submitted that pursuant to the scheme launched by the Delhi Development Authority to provide residential plots under the EWS category and MIG residential scheme, the father of the petitioner Sh. Sant Ram Tripathi applied for an MIG Residential Scheme whereas the mother of the petitioner Smt. Shakuntala Tripathi applied for a plot under the EWS Scheme in the Rohini Residential Scheme. The mother of the petitioner was allotted EWS Plot No. 228, Pkt-16, Block No.D, Sector-7, Rohini Delhi measuring 25.9 Sq. mtrs vide letter dtd. 10/9/1982 of the Delhi Development Authority, Land Sales Branch, Rohini, and completed all the formalities required by the respondent and deposited the amount demanded by the Respondent and the possession of the plot was handed over to the mother of the petitioner on 30/5/1991 vide possession letter No.F.7(2472)/82 LSB(Rohini), of the Junior Engineer, Rohini Project, DDA.

(3.) The petitioner submits that in as much as the area of the said plot allotted to the petitioner's mother was not sufficient for the accommodation of the whole family members and the married sister of the petitioner Smt. Abha Ojha was in urgent need of accommodation, thus out of love and affection, the petitioner's mother gifted the plot No. 228, Pkt-16, Block-D, Sector-7, Rohini Delhi, vide a notarized gift deed dtd. 17/9/2003. It is further submitted by the petitioner that vide letter dtd. 2/8/2004 and 6/8/2004, the father of the petitioner who had also applied under the MIG Scheme was allotted Plot No.78, Pocket B-3, Sector-29, measuring 60 sq.mtr., in Rohini Phase IV Residential Scheme in the computerized draw held on 26/7/2004.