PRAKASH G TAHIL RAMANI Vs. DDA

JUDGEMENT

(1.) THE original petitioner late Shri Prakash G. Tahil Ramani got himself registered for allotment of a flat from DDA under its New Pattern Registration Scheme, 1979 (NPRS -1979). In the application form, he disclosed his residential address to be II -B/74, Lajpat Nagar, New Delhi -24. In a draw of lot held on 30.7.2003, he was allotted an MIG Flat no.126, 3 rd Floor, Pocket -I, Dwarka and the allotment -cum -demand letter sent to him at the residential address disclosed in the registration application was received back unserved with the endorsement "no such person". The allotment made to him, therefore, stood cancelled on account of non - payment of the price of the flat.

(2.) THE case of the petitioner is that vide application dated 16.9.1985, he had intimated change of his residential address to DDA. On the representations made by the petitioner, another Flat bearing number 544, 3 rd Floor, Pocket -A, Phase -II, Sector 17 -A, Dwarka was allotted to late Shri Prakash G. Tahil Ramani in a draw of lot held on 29.8.2005. He was asked to deposit the old cost of the flat along with applicable interest subject to current cost of the flat. The possession of the subsequently allotted flat was delivered to late Shri Prakash G. Tahil Ramani on 18.5.2006.

(3.) THE original petitioner late Shri Prakash G. Tahil Ramani died during pendency of this writ petition. His legal heirs under the law of succession application to him did not come forward seeking impleadment as the petitioner in this case and one Smt. Sharda Bhagat was substituted in his place vide order dated 7.1.2013 on the strength of the registered Will dated 20.11.2006 executed by late Shri Prakash G. Tahil Ramani in her favour.