DELHI DEVELOPMENT AUTHORITY Vs. V S KASTURIA

JUDGEMENT

(1.) This appeal by Delhi Development Authority (hereinafter referred to as "DDA") is directed against the judgment and order of a learned Single Judge by which CWP No.2138/1995 was allowed. The DDA was directed to hand over possession of Flat No.2115, Category III, Sector-D, Pockets- 2/3, Vasant Kunj, New Delhi, to the respondent (hereinafter referred to as "petitioner").

(2.) The brief facts of the case are that the petitioner applied to the DDA for allotment of category III flat under its Vth Housing Registration Scheme and deposited Rs. .15000/- as registration charges. This was evidenced by deposit receipt (Registration No.3399 dated 05.08.1982). In terms of the self financing scheme ("SFS" or "the scheme") of the DDA registrants had to apply to participate in the draw of lots, held periodically for allotment of units in different self-financing estates, provided they were also registrants. The petitioner applied through Form No.05084 dated 04.01.1983 and disclosed his registration particulars. The result of the draw of lots revealed Flat No.2115 Sector-D, Pockets2/3 Vasant Kunj stood allotted against his name. The computer print-out result sheet however indicated that the residential address of the Petitioner was B-27 A, Asha Park, Tilak Nagar, New Delhi. His actual address however, was 18 Sheikh Sarai, DDA Flats, Malviya Nagar, New Delhi. A demand-cum-allotment letter dated 26/31.3.1983 was issued in respect of the said allotment. This was again addressed to Asha Park address. The sum of Rs. .10,17,004/- had to be paid in terms of the said letter within 60 days. The petitioner deposited the amount on 22.04.1983.

(3.) It was alleged in the writ petition that when he went to formalize other proceedings in respect of the allotment, the petitioner discovered that another application containing his name and particulars also adverting to the same registration No.(3399 dated 05.08.1982) had been taken on record. This application, in response to the very same scheme, was numbered as 17298. The petitioner's application, however, was 05084. The DDA determined that since the petitioner was not the lucky applicant, he could not lay claim for the allotment. It declined to process the allotment letter and sought to refund the amount received from the petitioner, by furnishing him the cheque dated 31.07.1995. It was in these circumstances that the writ petition was filed, seeking a direction that the allotment of the said flat ought to be made over to the writ petitioner.