DELHI DEVELOPMENT AUTHORITY Vs. SANTOSH SHARMA

JUDGEMENT

(1.) This appeal impugns a judgment dated 18.11.2013 passed by the learned Single Judge, whereby the respondent's petition was allowed and the appellant/DDA was directed to allot an MIG flat to the respondent (hereinafter "the petitioner") as far as possible in the same locality (Sector-15, Rohini) at the cost that was prevalent in December, 2002 (along with simple interest @ 12% per annum from 1.1.2003 till date) within a period of three months. It was further directed that upon the said payment having been made, the flat shall be handed over to the petitioner within thirty days thereafter.

(2.) The petitioner's case was that he had applied for an MIG flat under the New Pattern Registration Scheme, 1979. He was issued a demand letter on 3rd October, 1991. Since it was sent at the wrong address, it could not be received in due time. However, before anything could fructify in terms of the aforesaid demand letter, the petitioner's request for conversion of the said allotment under the MIG Scheme to SFS Category-II was acceded to by the DDA's letter dated 24th September, 1993. The said letter further intimated him that the demand note would be communicated to him and he could apply for the SFS Category-II flat of his own choice, as and when flats are released under the said scheme. However, since he did not receive any demand note in this regard he pursued the matter before the Public Grievance Cell, before which the DDA, through its note of 29.5.2002 had conceded as under:

(3.) As noted hereinabove, it was conceded that although the registration was converted from MIG to SFS Category-II but a corresponding entry was not made either in the Management or Accounts Branch of the DDA, therefore, the petitioner was not issued the requisite demand note due to fault on part of the DDA's official concerned. It was suggested that as per policy, the petitioner could be allotted an MIG flat at the cost prevailing in 1991-92 plus 12% interest. This proposal of the Director (Housing) was not approved by the Competent Authority, therefore the petitioner was offered an MIG flat at the current cost subject to him giving his consent for the same. Through another letter dated 19.02.2001, the petitioner was also informed that since the HIG and SFS flats schemes had been closed, therefore, it was not possible to allot him a flat under the SFS scheme. The petitioner was offered a flat in the MIG Scheme at the cost prevailing on 26.12.2002 on cash down basis. The petitioner refused the offer as he was not willing to suffer due to fault of the DDA in failing to issue him the requisite demand note after conversion of his application to SFS Category-II. In his letter dated 20.02.2003, addressed to the Secretary, Public Grievance Cell, Government of India, the petitioner had sought fixation of responsibility on the official concerned for the negligence. He had also sought allotment of an SFS Category-II /newly constructed MIG flat, at the cost prevailing in the year 1993.