SUSHIL KUMAR JAIN Vs. DDA

JUDGEMENT

(1.) The Petitioner who got himself registered for allotment of an MIG flat under NPRS-1979 Scheme of the DDA has approached this Court challenging the cancellation of the said allotment by a letter dated 19.09.2006 by the DDA. He seeks the following relief:-

(2.) It is admitted case of the parties that at the time of registering himself under the scheme, the Petitioner had given his residential as well as occupational address. According to the Petitioner, the Petitioner did not receive any allotment letter till the beginning of the year 2003. In the meanwhile, he shifted his residence from 3911, Roshanpura, Dai Wara, Nai Sadak, Delhi but forget to inform the DDA about the same.

(3.) The Petitioner alleges that as per his priority number, DDA included his name in the draw held sometime in the year 2003. He was allotted an MIG Flat bearing No.78, Pocket 11-A, Sector 23, Rohini, Delhi. It is stated that the demand-cum-allotment letter was perhaps send by the DDA at his old residential address but since he had shifted his residence, the same could not have been received by him. The Petitioner says that that the DDA did not make any effort thereafter to sent the demand-cum-allotment letter at his occupational address. The Petitioner relies on the judgment of this Court in Anand Swaroop Goyal v. DDA, WP(C) No.7262/2011 decided on 22.11.2012 wherein it was held that the DDA is duty bound to inform the allottee with regard to the allotment at all the addresses available in the record of the DDA. Paras 8, 9 and 11 of the judgment in Anand Swaroop Goyal are extracted hereunder:-