PUSHPA KHATKAR Vs. D.D.A.

JUDGEMENT

(1.) Rule. With the consent of the counsel for the parties, the present petition is set down for final hearing and disposal. The Petitioner in the present writ petition had applied in the year 1979 for allotment of LIG flat under the IVth Registration Scheme on New Pattern, 1979 and was given LIG/Registration No. 34799, vide deposit receipt serial No. 102982, dated 9th October, 1979, from Book No. 1030. She was assigned priority No. 51102 in the Scheme. In the application form, the Petitioner had mentioned her residential address as: "WZ-1408, Rani Bagh, Shakur Basti, Delhi-110034", as is evident from the copy of the deposit receipt dated 9th October, 1979. On 20th January, 1986, the Petitioner on change of her aforesaid address intimated the DDA of her new correspondence address as: "Pushpa Khatkar, C/o J.P. Sheokand, 401/15, Mahaveer Park, Bahadurgarh (Haryana)." A copy of the intimation letter dated 20th January, 1986 bearing No. 7787, signed, sealed and acknowledged by the Receipt Clerk of DDA has been annexed along with the present petition as Annexure P-2.

(2.) The Petitioner was successful in the draw of lots held by the DDA on 20th March, 2006. Intimation of such allotment was allegedly made to the Petitioner on 20th July, 2006. However, the Demand-cum-Allotment Letter (DAL) dated 20th July, 2006 was admittedly sent on the old address of the Petitioner, as mentioned in the application form, despite intimation by the Petitioner about the change in her correspondence address. The Demand-cum-Allotment Letter (DAL) was therefore received undelivered. Thereafter, according to the Respondents, the DAL was again sent through speed post, but the same was received back undelivered with the remarks "no such person". Since no response was received from the Petitioner, the allotment was cancelled as per terms and conditions of the Demand-cum-Allotment Letter.

(3.) The Petitioner being in the dark about the events leading to the cancellation of her allotment, approached the DDA. Her oral representations were made in person to DDA on 29th August, 2008 and again in October, 2008, 30th April, 2009, 11th June, 2009 and even afterwards, all of which went unheeded. The Petitioner thereupon moved an application under RTI Act dated 29th August, 2008 to know the status of the allotment of flat to her. The Deputy Director (LIG)-H through letter dated 9th September, 2008 informed the PIO/Director (H)II of DDA, who then apprised the Petitioner by his letter dated 11th September, 2008 that "in this case against her above Registration, allotment of LIG Flat No. 934, Third Floor, Pocket DDA at Lok Nayak Puram was made to her on Cash Down Basis in the Draw held on 23/3/2006. Demand-cum-Allotment Letter was also issued to her in the Block End Dt. 20-Jul-2006 at her available address through UTI Bank. DAL received back undelivered from the Bank with the remarks that 'No such co./C'nee at given address'. Thereafter, DAL was again sent through Speed Post but this time also returned undelivered from the Postal Authorities with the remarks that 'No Such Person'. Accordingly, Call letters, Show Cause Notices, but they were also received back undelivered. Allotment stood cancelled as per terms and conditions of the DAL."