RAVINDER KAUR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Rule. With the consent of the parties, the matter is set down for final hearing and disposal.

(2.) The prayer in this writ petition is for issuance of a writ of mandamus directing the Delhi Development Authority to allot to the Petitioner a MIG flat under the policy of missing priority framed by the DDA dated 25.02.2005, and the policy instructions issued by the Vice-Chairman, DDA on 02.04.2004, and also in accordance with the DDA Circular dated 07.10.2008.

(3.) The essential facts of the case are not in dispute. In 1979, the registrant Amar Singh booked a MIG flat vide registration No.36 under the New Pattern Registration Scheme, 1979 and died on 04.09.1985. On 09.02.1989, Smt. Jai Kaur, wife of late Shri Amar Singh submitted an application for mutation and transfer of registration and submitted the requisite documents, pursuant to which on 13.07.1989, the DDA transferred the mutation to her vide their communication of the same date (Annexure P-4 to the petition). On 21.02.1990, Smt. Jai Kaur was allotted a flat at Rohini, being flat No.42, Sector 18, Block-A, Pocket-II, GRD Floor, Rohini vide allotment letter with block dates 14.02.1990 21.02.1990. Smt. Jai Kaur, however, opted for allotment of flat as per the tail end policy of the Delhi Development Authority prevalent in 1990 by paying the cancellation/tail end charges of Rs. 4,535/- vide challan No.0860921 dated 28.05.1990 (Annexure P-5 to the petition). Smt. Jai Kaur died on 06.12.2003 and the Petitioner being the wife of the pre-deceased son of Smt. Jai Kaur applied for mutation and transfer of registration on 11.02.2004, submitting the requisite documents, acknowledgment receipt whereof has been placed on record as Annexure P-6.