AMARJIT SHARMA Vs. DDA

JUDGEMENT

(1.) The present writ petitions have been filed by the petitioners challenging the action of the respondent/DDA in cancelling the allotment of a MIG/LIG flat made in their favour under the New Pattern Registration Scheme, 1979 (hereinafter referred to as 'NPRS-1979') without making any effort to serve them at their occupational addresses that were furnished by them at the time of registration and further, for issuance of directions to the respondent/DDA to allot them an alternative MIG/LIG flat, as per entitlement in the same area/sector as had been allotted earlier, at the old cost with interest as per policy. As the issue raised in all the three petitions, is common, with the consent of the parties and for the sake of convenience, the facts as narrated in W.P.(C) 7436/2012 are being referred to and taken into consideration for deciding the petitions.

(2.) As per the averments made in WP(C) No.7436/2012, Shri Om Prakash Sharma, father of the petitioner was registered under the NPRS-1979 for allotment of a MIG flat. At the time of registration, the petitioner's father had given two addresses, one being the residential address, i.e., House No. D-14, Sham Nagar, P.O. Tilak Nagar, New Delhi, where he was residing at the relevant point in time and the other being his occupational address, i.e., C/o Air India, GSD, Delhi, where he was employed as a Junior Operator and had continued to serve there till his retirement in the year 2000. After registering himself under the NPRS-1979, Shri Om Prakash Sharma had shifted his residence from the address furnished to the respondent/DDA in the registration form but admittedly, he did not intimate the new address to the respondent/DDA. It is an undisputed position that on the turn of his priority number, the petitioner's father was allotted a MIG flat bearing No. 157, 3rd Floor, Pocket-1, Sector-23, New Delhi, on cash down basis, in a draw of tots that was held on 26.03.1997. Pursuant thereto, a demand-cum-allotment letter with block dates 10.07.1998-14.07.1998 was dispatched by the respondent/DDA to the allottee at the residential address mentioned in his application form. However, the said letter was received back undelivered with the postal remarks, "shifted".

(3.) Shri Om Prakash Sharma had retired from service in the year 2000 and expired after ten years, on 07.09.2010. On his demise, he was succeeded by the petitioner as one of his legal heirs. After about two years from the date of his demise, the petitioner attended a public hearing in the office of the respondent/DDA on 30.10.2012, when he came to know that the allotment of a flat in Rohini had been made in favour of his father in the year 1998 but later on, it had been cancelled due to non-payment. On the very same date, the petitioner had submitted a representation to the respondent/DDA stating inter alia that his father was employed with the Air India till his retirement in the year 2000 and he had expired in the year 2010. He had further stated in the fetter that even though Shri Om Prakash Sharma had furnished his occupational address in the registration form, the respondent/DDA did not take any step to dispatch the demand-cum-allotment letter to him at the said address.