PINKI PUNIA Vs. D.D.A

JUDGEMENT

(1.) THE petitioner before this Court applied for allotment of residential flat from Delhi Development Authority (,,DDA) in its Housing Scheme, 2008. No allotment was made to the petitioner in the draw of lots held on 16th December, 2008. The name of the petitioner, however, appeared at serial No. 9 in the waiting list prepared by DDA, in the category of schedule caste applicants. The aforesaid waiting list was meant for allotment of those flats which were surrendered or became available on cancellation of the allotment to the successful applicants. The demand- cum-allotment letters to the successful applicants, who had applied under the aforesaid scheme, were issued sometimes in December, 2009. No allotment, however, was made to the petitioner, though as many as 172 flats are stated to have become available for allotment on account of surrender or cancellation. Instead of allotting the above referred flats to the waitlisted applicants, DDA included them in its housing scheme of 2010. Being aggrieved from the non-allotment of the flat to her, the petitioner is before this Court by way of this writ petition. The following are the reliefs claimed in the writ petition:

(2.) CLAUSE 7 (III) of the DDA Housing Scheme, 2008 reads as under:

(3.) IT has come in the writ petition that there were as many as 172 surrendered flats which came to be included in the housing scheme of 2010. This has not been disputed in the counter affidavit filed by DDA. The following facts, therefore, emerge from the pleading of the parties: