S.N. MALIK Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE present petition filed by the Petitioner seeks to assail the action of the Respondent/DDA in cancelling the allotment of Flat No. 24-A, Pkt. ­ A, Nand Nagri, Delhi made in favour of the Petitioner in the draw held on 18th February, 1991. The Petitioner also seeks a writ of mandamus directing the Respondent/DDA to restore/re-allot the aforesaid flat to the Petitioner or in the alternative any other flat in the same locality at the old rates, that is, at the same cost as mentioned in the original allotment letter.

(2.) THE facts as culled out from the writ petition are that the Petitioner applied for allotment of flat in the year 1979 under the New Pattern Scheme in the MIG Category vide Registration No. 17793. He was assigned priority No. 9513 and was allotted a flat bearing No. 24-A, Pkt. ­ A, Ground Floor, Nand Nagri, Delhi in the draw held on 18th February, 1991 for which a demand-cum-allotment letter was issued with block dates 20.09.1991 ­ 24.09.1991 with the last date of making the payment with interest as 23.12.1991 and automatic cancellation thereafter. The Petitioner vide letter dated 22.10.1991 (erroneously mentioned as 22.08.92 in the writ petition) intimated that he had tried to locate Flat No. 24-A, Pkt. ­ A, Nand Nagri, Delhi but could not locate it in the absence of any Block number and also requested the Respondent/DDA "to withdraw this wrong/doubtful allotment" and include his name in the next draw. The Petitioner waited for a reply to the aforesaid letter but none was sent by DDA. Since the Petitioner had a transferable job, he shifted out of Delhi. However, his family continued to reside at the same address. A letter dated 02.06.1992 was received by a family member of the Petitioner in the month of December, 1992 with the subject "Cancellation of Allotment in respect of Flat No. 28-A, Pkt. ­ A, Nand Nagri, Delhi". The Petitioner responded to the said letter vide letter dated June 27, 1992, the relevant portion of which is as under:-

(3.) A copy of the file noting dated 16.11.2009 showing that the matter was reconsidered by the Commissioner (Housing) has also been placed on record by the Petitioner which reads as under:-