BANSI LAL MALHOTRA Vs. THE DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS is a writ petition filed by the petitioner for quashing of the letter dated 10.6.2013 by virtue of which the prayer of the petitioner for mutation of his name in place of his mother was rejected by the respondent/DDA on the ground that the petitioner failed to submit the mutation documents within a period of two years from the date stipulated as well as failed to deposit the amount pursuant to the allotment -cum - demand letter.

(2.) BRIEFLY stated the facts of the case are that the mother of the petitioner had applied for a Janta flat under New Pattern Registration Scheme, 1979, and the same was registered in 1980. She did not hear anything from the respondent/DDA for a period of 28 years. It is alleged that the mother of the petitioner died on 5.5.1994 and the petitioner was transferred to Ferozepur on 30.4.1998. On 4.7.2000, he was again transferred to Delhi. It is alleged that his elder sister, Maya Devi, was seriously ill and she remained admitted in Dr. Ram Manohar Lohia Hospital where she expired on 20.7.2000. The petitioner has contended that on the officials of the DDA being informed about this, they informed him that he should wait and he will be allotted a flat in draw of lots. The petitioner kept on waiting and in the year 2007, the petitioner made a representation that he has not been allotted any flat and, therefore, he had sought mutation of the flat in his name in the year 2007 when the mother of the petitioner was declared to have been allotted Flat No. 71, Second Floor, Pocket B -1, Type B, Loknayak Puram, Delhi, on the basis of draw of lots held on 27.9.2007.

(3.) I have heard the learned counsel for the petitioner and have also gone through the record. There is no dispute about the fact that the mother of the petitioner applied under NPRS in the year 1979 and later on she got her Janta flat converted into an LIG flat. This factum of conversion was intimated to the petitioner vide letter dated 12.10.1989 and she was given a fresh registration No. 62127. As and when the priority number of the petitioner matured, her name was included in the draw of lots. On 27.9.2007, a draw of lots was held in respect of various categories of persons, who had missed out on account of the earlier draw. During the pendency of the present proceedings, the petitioner approached the Director of the respondent, who informed that his priority has been declared and he has been allotted an LIG flat. However, the petitioner could not apply for mutation till the August, 2000, and the petitioner was constrained to initiate an action in court for allotment of the flat.