MANOHAR LAL MADAN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner before this Court got himself registered under New Pattern Registration Scheme (NPRS), 1979 of the respondent-DDA for allotment of a residential flat to him. On the request of the petitioner, the aforesaid registration was transferred in the name of his father on 12.05.1987, before his turn for allotment of a residential flat could mature. In the meantime, DDA came out with a scheme for allotment of residential plots in Delhi known as Rohini Residential Scheme, 1981. The petitioner got himself registered under Rohini Residential Scheme also and he was assigned Priority Number 10688. In the draw of lots held on 29.03.1988, the father of the petitioner was allotted a residential flat by DDA bearing Flat No.27, Second Floor, Pocket-B, Phase IV, Ashok Vihar and the possession of the aforesaid flat was handed over to him. The father of the petitioner expired on 14.05.1988 and on his death, the aforesaid flat was mutated in the name of Smt. Premi Devi, mother of the petitioner, on 19.06.2000. This was followed by execution of a Conveyance Deed in favour of Smt. Premi Devi on 18.10.2000.

(2.) On the turn of the petitioner for allotment of a plot under Rohini Residential Scheme of DDA maturing, DDA wrote a letter to him on 13.01.2009 seeking certain clarifications. The said letter was replied by the petitioner vide his letter dated 14.05.2010. Vide show cause notice dated 07.06.2012, DDA informed the petitioner that it had been noticed that he was registered under its New Pattern Registration Scheme, 1979 for allotment of a flat. It was further stated in the letter that despite an earlier show cause notice issued to him, the petitioner had not given any clarification with respect to the aforesaid registration. The petitioner was directed to give reply within 15 days and was informed that in case no reply was furnished, it would be presumed that he had got an allotment of plot under New Pattern Registration Scheme, 1979 and his registration under Rohini Registration Scheme, 1981 would be treated as ceased and no claim for allotment under the Rohini Registration Scheme, 1981 would be entertained thereafter. Being aggrieved from the failure of the respondent-DDA to allot any plot to him under its Rohini Residential Scheme, the petitioner is before this Court by way of this writ petition.

(3.) The submission of the learned counsel appearing for DDA on advance notice is that as per the terms and conditions stipulated in Rohini Residential Scheme of DDA, a person, who or whose spouse or any minor child, owned in full or in part on leasehold or freehold basis, any residential plot of land or a house or who had been allotted on hire purchase basis a residential flat in Delhi/New Delhi or Delhi Cantonment, is not eligible for allotment of a plot under the said Scheme. In case, the individual share of the applicant in the jointly owned plot or land under the residential scheme is less than 65 sq. metres, he could be allotted a plot under the said scheme, but this relaxation shall be applicable only in respect of private properties and the person who owns a house or a plot allotted by DDA on an area of even less than 65 square metres shall not eligible for allotment.