KISHU Vs. DDA

JUDGEMENT

(1.) Late Shri Rakesh Kumar Mathur, husband of the petitioner got registered himself with the respondent-DDA for allotment of an LIG Flat under its New Pattern Registration Scheme, 1979 (NPRS-1979). Late Shri Rakesh Kumar Mathur expired on 2.12.1994 and the petitioner before this Court is his widow. In his application form, late Shri Rakesh Kumar Mathur had disclosed his residential address as 2/C, Schedule-B, President Estate, New Delhi and his occupational address as, Bank of India, Shahdara Branch, G.T. Road, Shahdara, Delhi. He has also annexed his salary certificate issued to him by Bank of India, as proof of his income. No intimation to DDA was given when Shri Rakesh Kumar Mathur expired and no request was made by the petitioner for mutating the registration in her name.

(2.) On the turn of Shri Rakesh Kumar Mathur maturing for allotment of a flat from DDA, an LIG Flat bearing number 584, First Floor, GR-V, Sector-14, Pocket- I, Dwarka, New Delhi came to be allotted in his name, in a draw held on 11.2.2000 and a demand-cum-allotment letter dated 30.3.2000/31.3.2000 was issued in his name at his residential address. The demand-cum-allotment letter was returned undelivered since the petitioner had, in the meanwhile, shifted from the place to which the letter was sent. No attempt was, however, made by DDA to send the demand-cum-allotment letter at the occupational address disclosed in the application form.

(3.) The demand-cum-allotment letter required the allottee to deposit the amount demanded therein latest by 12.7.2000 whereafter the allotment was to be got automatically cancelled. Since the aforesaid letter had not been received by the petitioner, no payment could be made by her, as a result of which, the automatic cancellation clause came into force.