BACHNI DEVI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Late Shri Ved Prakash, husband of the petitioner in W.P (C) No.716/2012 Smt. Bachni Devi got himself registered with DDA under its New Pattern Registration Scheme, 1979 (hereinafter referred to as "NPRS-1979") for allotment of an LIG Flat by DDA and was assigned priority number 52765. The turn of late Shri Ved Prakash matured on 23.3.2006. In the draw of lot held on 27.9.2007, a flat came to be allotted to Shri Ved Prakash. However, no allotment letter was issued to him at that time. Vide letter dated 14.1.2008, the husband of the petitioner intimated change of his address to DDA. The learned counsel for the respondent states that though the change of address was intimated by the husband of the petitioner on 14.1.2008, the requisite documents in this regard were not submitted at that time and the complete documents for effecting change of address in the record of DDA came to be submitted by him only in September, 2009. The husband of the petitioner died in January, 2011 and thereupon she wrote a letter dated 10.3.2011 to DDA seeking mutation of the aforesaid allotment in her name and also submitted the requisite documents including the death certificate of her husband. DDA asked her vide letter dated 17.3.2011, to submit documents as per its policy. Such documents came to be submitted by her on 4.5.2011. On the said documents being submitted by the petitioner the registration and allotment was mutated by DDA in the name of the petitioner, vide letter dated 4.7.2011. Thereafter demand-cum-allotment letter came to be issued to her on 30.11.2011 and 6.12.2011. The allotment made to the petitioner being on hire-purchase basis, she was required to deposit initial payment by 4.12.2012 and the balance amount was to be deposited in 144 equal monthly installments commencing from 10.3.2012. The initial amount could also be deposited with interest latest by 3.6.2012. Admittedly, the said amount came to be deposited by the petitioner on 2.6.2012 i.e. within the time limit stipulated by DDA in this regard.

(2.) The only question involved in this petition is as to what should be the price which the DDA could be charged from the petitioner for allotment of the aforesaid flat. The learned counsel for the petitioner has drawn my attention to the Office Order dated 25.2.2005 issued by DDA. To the extent it is relevant, the said order reads as under:

(3.) Vide circular dated 6.6.2006, the office order dated 25.2.2005 was made applicable in case of missing priority and change of address in case of registrant of Awas Sakar Yozna who had opted for Awas Sakar Yozna but had not been identified as members of the society.