JASWANT SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) PRESENT writ petition has been filed under Articles 226 and 227 of the Constitution of India challenging the respondent-DDA's letter dated 3rd December, 2002. The petitioner has also sought a direction to respondent-DDA to transfer Plot No. 97, Block F, Pocket 4, Sector 16 in Rohini Residential Scheme in the name of petitioner's son Mr. Surjeet Singh.

(2.) THE facts of the present case are that as the petitioner had been allotted Flat No.45 in Labour CGHS Ltd., Pitampura, New Delhi and Plot No. 97, Block F, Pocket 4, Sector 16 in Rohini Residential Scheme, respondent-DDA on 28th February, 2000 issued a Show Cause Notice to the petitioner for cancellation of Pitampura Flat. Respondent-DDA vide its letter dated 3rd December, 2002 also rejected petitioner's request for transfer of Rohini Plot in the name of his son on the ground that petitioner was not entitled to two DDA properties. In the said letter, it was stated that petitioner's request for transfer would only be considered after the petitioner surrendered his first allotment, that means, Flat No. F-45, Labour CGHS Ltd., Pitampura, Delhi.

(3.) MR . Sushil Dutt Salwan, learned counsel for respondent-DDA admits that the Supreme Court's aforesaid judgment is applicable to the facts of the present case. He, however, states that as the petitioner had suppressed the fact of second allotment, respondent-DDA should be allowed to take action in accordance with law.