DALIP KUMAR Vs. D.D.A

JUDGEMENT

(1.) THE petitioner before this Court got himself registered for allotment of a residential flat from DDA under a scheme notified by it in the year 1989, particularly for the persons from Scheduled Castes/Scheduled Tribes categories. The petitioner claims to have intimated change of his address from A-400/8, Shastri Nagar, Delhi-110052 to A-340, Shastri Nagar, Delhi-110052 to DDA, vide letter dated 17.12.1992. He also claims to have sent a reminder dated 22.12.2000 regarding change of address. In the draw of lots held on 31.01.2003, one flat bearing No. 1010, in Pocket-B, East of Loni Road was allotted to the petitioner. The demand-cum-allotment letter sent to the petitioner at the address A-400/8, Shastri Nagar, Delhi-110052 was received back unserved. The demand-cum- allotment letter was, however, collected personally by the petitioner from DDA office on 08.05.2003. Since the allotment at East of Loni Road was not acceptable to the petitioner, vide representation dated 09.06.2003, he intimated DDA that he was not willing to take possession of the MIG flat which had been allotted to him at East of Loni Road, since the persons dependent upon him were taking education near Janak Puri. He, therefore, sought reallocation near Vasant Kunj, New Delhi. This was followed by representations dated 12.05.2004, 25.10.2005, 02.12.2006, 18.01.2007, 17.12.2007, 11.02.2008, 05.03.2008, 01.04.2008, 21.05.2008, 08.09.2008 and several other representations. However, the petitioner did not make payment in terms of the demand cum allotment letter dated 21.04.2003-- 24.04.2003 though the last date stipulated in the said letter for payment was 22.10.2003. The allotment letter carried a clause for automatic cancellation of the allotment in case the payment was not made within the time stipulated in the said letter.

(2.) IT would thus be seen that though the demand-cum-allotment letter though initially received back unserved, was duly collected by the petitioner from DDA office. On receipt of the said letter, the petitioner was required to deposit the amount demanded by DDA on or before the last date stipulated in this regard in the demand-cum-allotment letter. That having not been done, the clause providing for automatic cancellation of the allotment became operative and the allotment made to the petitioner at Loni Road got cancelled. The learned counsel for the petitioner has drawn my attention to para 1(c) of the counter-affidavit where DDA has stated that it had replied to the letter of the petitioner dated 09.06.2003 vide its letter dated

(3.) THE learned counsel for the respondent submits that the petitioner is also guilty of gross laches since the Allotment Letter was collected by him on 8 th May, 2003 and the first representation was made on 9th June, 2003, whereas this petition has been filed in the year 2013 i.e. after delay of about 10 years. However, since the petitioner has no case on merits, I need not go into the plea of laches raised by the learned counsel for the respondent. The petition is devoid of any merit and is hereby dismissed.