RAJBAL SINGH RATHI Vs. DDA

JUDGEMENT

(1.) THE petitioner before this Court got himself registered for allotment of a plot from Delhi Development Authority under its Rohini Residential Scheme, 1981. At the time of registration the petitioner disclosed two addresses, one was the address at which he was residing at the time of registration and the other was his permanent village address. The current address disclosed in the registration application was C4A/12C Janakpuri, New Delhi, whereas the permanent address disclosed in the registration form was Village & PO Gangnauli District Meerut. The case of the petitioner is that on his retirement from service, he shifted from C4A/12C Janak Puri address to his permanent address in Village & PO Gangnauli District Meerut and vide letter dated 18.04.1991, he intimated the change of address to Delhi Development Authority. This is also the case of the petitioner that the change of address was again intimated to Delhi Development Authority vide subsequent letter dated 27.06.1993, in which a reference was also made to his earlier letter dated 18.04.1991. According to the petitioner, he did not receive any allotment letter from Delhi Development Authority so long as he was residing at the Janak Puri address disclosed in the registration application. Since, no allotment was forthcoming, the petitioner approached Delhi Development Authority in this regard and also visited its office to inquire about the status of his registration. He also submitted an application under the Right to Information Act seeking copies of the correspondence available on his file/record. On 11.03.2010, when the petitioner visited Delhi Development Authority office pursuant to a letter received from Deputy Director of Delhi Development Authority, the original documents were shown to him and photocopies of the entire file were provided to him. Thereupon, he came to know that he had been allotted plot No.054 in Sector No.24, Pocket No.6 of Rohini and the allotment letter was sent to him on 12.11.1991 at the Janak Puri address, which was returned back undelivered. The petitioner made subsequent representations to Delhi Development Authority for allotting a plot to him in its Rohini Residential Scheme. Since no allotment has so far been made the petitioner has filed a writ petition seeking a writ of certiorari, quashing the cancellation of allotment made to him and for a direction to DDA to make allotment of a similar plot in a developed Sector at the old rate along with interest @ 7 % per annum on the old rates as per the policy of DDA.

(2.) THE petition has been contested by DDA. As per the case set out in the reply it is an admitted position that at the time of registration the petitioner had given two addresses one was the address of Janak Puri and the other was the permanent address of Village Gangnauli, District Meerut, U.P. This is also the case of DDA that on allotment of a plot to the petitioner in the draw held on 27.03.1991 the demand cum allotment letter was issued to him and was sent to his Janak Puri address. The aforesaid letter carried a clause for automatically cancellation of the allotment in case payment was not made within the time stipulated in the said letter. As regard the case of the petitioner that he had intimated change of address to DDA vide letters dated 18.04.1991 and 27.03.1993, it is stated in the reply that the relevant record is no traceable despite best efforts made in this regard. This is also the case of DDA for no intimation of change of address is available on its record. The learned counsel for the respondent also states that the demand cum allotment letter sent to the petitioner at Janak Puri address was not received back unserved.

(3.) THE contention of the learned counsel for the respondent is that since the demand cum allotment letter sent on 12.11.1991 was not received back that means it was served at the Janak Puri address which the petitioner had disclosed at the time of registration itself, there was no occasion for DDA to send demand cum allotment letter at the permanent address disclosed in the application.