DELHI DEVELOPMENT AUTHORITY Vs. B S BHALLA

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order of the learned Single Judge dated 24.09.2012 allowing W.P. (C) 9059/2011. The respondent (hereafter referred to as 'writ petitioner') sought for directions to the appellant (hereafter referred to as 'DDA') for allotment of an LIG Flat under the New Pattern Registration Scheme (NPRS) 1979.

(2.) BRIEFLY , the facts are that the petitioner had applied under the NPRS, 1979. Till 1989, no allotment was made in his favour; upon the DDA launching another scheme, i.e., Awas Sakar Yojna (hereafter referred to as 'Yojna') in 1989 which enabled the existing NPRS registrants to migrate to the latter programme, he opted for the said Yojna. Despite registration in the Yojna, the DDA included the petitioner's name in the NPRS Scheme for a draw in 1990; he was allotted an LIG flat. At that stage, the petitioner was not issued the allotment letter. He also could not secure any benefit in the 1989 Yojna. The Yojna was closed on 17.10.1992 and those like the petitioner who had migrated, were transferred back to NPRS, 1979 with their entitlement for allotment of a flat intact at the old cost. In these circumstances, the petitioner urged to DDA that since no allotment was made under Yojna, the benefit of LIG flat given to him in 1990 should be extended. The learned Single Judge in the impugned order noticed that similarly situated people had approached the Court and the matter was finally resolved in favour of such registrants in Frontier Avas Sakar Cooperative Group Housing Society and Ors. v. DDA decided on 1st July, 1996. The DDA had stated in those proceedings that registration of those who could not get any benefit under the Yojna would be transferred to the NPRS with the seniority in the original NPRS intact.

(3.) IN the writ proceedings, the DDA did not dispute certain facts such as the registration of the petitioner in NPRS scheme; his migration to the Yojna in 1989; the allotment made in 1990 even when he was a part of the Yojna as well as the various representations received from him. The DDA, however, relied upon the letter dated 12.06.2003 said to have been written by the petitioner stating that he was no longer interested in any flat in Delhi. The petitioner, however, disputed this fact. After considering the submissions, the learned Single Judge taking note of the previous ruling in Frontier Avas Sakar Cooperative Group Housing Society and Ors. v. DDA (supra) and also noticing that since the petitioner's priority had matured in 1990 but he was not allotted a flat due to the fortuitous circumstances of his having applied and secured the Yojna registration held that the allotment ultimately made in 2006 should be released in his favour at the 1990 rates. The learned Single Judge took strength from the DDA's policy in this regard formulated on 28.05.2003 directing that the old cost, as of 1990 would apply. The operative portion of the impugned directions are as follows: