DELHI DEVELOPMENT AUTHORITY Vs. BANDANA MUKHERJEE

JUDGEMENT

(1.) The respondent before this Court got herself registered for allotment of a flat under New Pattern Registration Scheme ('NPRS'), 1979. In the registration form, the respondent disclosed her address as F- 2249, Netaji Nagar, New Delhi. The respondent being a housewife, no residential address of her own was disclosed in the application form, but she gave the occupational address of her husband in the application form. On death of her husband on 22.7.1991, the respondent shifted from F-2249, Netaji Nagar to E-1500, Netaji Nagar, New Delhi. She, however, did not intimate the change of address to DDA. Subsequently, DDA announced a Scheme for 'Out of Turn Allotment of Flats to Widows'. The respondent applied for out of turn allotment of a Flat under the aforesaid Scheme giving her address as E-1500, Netaji Nagar, New Delhi. She also disclosed her NPRS Registration in the application form. No out of turn allotment was made to the respondent. However, in a draw of lot, held on 30.5.2002, the respondent was allotted a residential flat under NPRS, 1979 and the Allotment-Cum-Demand-Letter was sent to F- 2249, Netaji Nagar, New Delhi. The said letter having been returned undelivered, a cancellation letter dated 1.2.2004 was sent to the respondent at the same address. The cancellation letter also remained unserved. On 18.8.2005, the respondent represented to DDA for allotment at the same location where she was allotted a flat in the draw held on 30.5.2002. This was followed by subsequent representations dated 1.9.2005 and 28.12.2005. Since the representations made to the appellant did not yield any result, a writ petition being W.P(C) No.16317/2006 was filed by the respondent, seeking direction to DDA to issue a Allotment-Cum-Demand-Letter to her, at the price prevailing in the year 2002 when her priority had matured. The learned Single Judge, vide impugned order dated 23.7.2007, directed the appellant to hold a mini draw for the respondent, subject to availability of any other flat in Dwarka and issue a fresh Demand-cum-Allotment-Letter at the cost prevailing in January, 2006. Being aggrieved, the DDA is before us by way of this appeal.

(2.) When this appeal came up for hearing on 28.9.2007, the learned counsel for the respondent stated that she would not press for implementation of the impugned order. In view of her statement, no interim order was felt necessary.

(3.) It is an admitted position that though in terms of registration under NPRS, 1979, the respondent was required to intimate any change of address to DDA, no such intimation was given by her when she shifted from F-2249, Netaji Nagar, New Delhi to E-1500, Netaji Nagar, New Delhi. No explanation is forthcoming from the respondent for not intimating the change of address to DDA.