SHYAM SUNDER SETHI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner is invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, 1950 for issuance of a writ, order or direction, thereby seeking the following reliefs:

(2.) The petitioner applied for the allotment of a flat under the MIG category in the Housing New Registration Scheme, 1976, floated by respondent No. 1, and he deposited Rs.7,500.00 and was issued the FDR with registration certificate bearing No. 6515 on 11/5/1976. Due to the delay in allotment and following the announcement of the Rohini Residential Scheme, 1981, by respondent No. 1, which allowed transfers of applications for allotment from the 1976 'Housing New Registration Scheme 1976' and 1979 'New Pattern Scheme, 1979' schemes, the petitioner claims that he duly transferred his registration and was subsequently issued Registration Receipt No. A/751/81 dtd. 20/4/1981 under the MIG category of the Rohini Residential Scheme, 1981.

(3.) The petitioner claims that after waiting for over a decade without receiving an allotment under the Housing New Registration Scheme, 1976, he submitted a request for cancellation and a refund in 1991, which the respondents failed to act upon. As the petitioner was approaching retirement in 2005 and did not own a house, he withdrew his cancellation request on 14/1/2004, citing that the cancellation request had not been accepted and that the deposited amount had remained with respondent No. 1 since 1976. Therefore, the petitioner requested that his case be considered for the allotment of a plot under the MIG category of the Rohini Residential Scheme, 1981. It is asserted that since his cancellation request had not been processed, he was assured that he would be allotted a plot according to his priority number in the forthcoming draw of lots.