SUDHIR KUMAR DHINGRA 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 Mandamus or any other appropriate writ, order or direction, thereby directing the respondent to restore/re-allot the flat belonging to the petitioner and seeking the following reliefs:

(2.) The genesis of the instant writ petition can be traced back to the year 1979 when on 28/9/1979, the petitioner i.e., Sudhir Kumar Dhingra S/o Shri Banarsi Dass Dhingra, registered himself with the respondent/Delhi Development Authority ['DDA'] for allotment of a Middle Income Group (MIG) flat vide application No.120641 under the New Pattern Registration Scheme, 1979 (hereinafter referred to as the 'Scheme'). It is pertinent to mention herein that in the year 1999, the petitioner had changed his residential address but he had been working at the same address as provided by him to the respondent/DDA at the time of registration.

(3.) It is stated that a draw of lots was held by the respondent/DDA on 31/5/2002, wherein the petitioner was declared successful and eligible for the allotment of MIG Flat No. 38, PH-1, Second Floor, Pocket-5, Scetor-12, Dwarka, Delhi 'Subject Plot' and the same was duly published on the website of the respondent/DDA. After such result, the respondent/DDA requested the petitioner to make the payment within the stipulated period i.e., up to 3/10/2002, failure of which would result in automatic cancellation of the allotment of the Subject Plot. Evidently, a Show Cause Notice ['SCN'] dtd. 25/11/2002 was issued by the respondent/DDA to the petitioner as the latter failed to pay the said amount. Resultantly, the allotment of the Subject Plot to the petitioner was cancelled by the respondent/DDA vide letter dtd. 10/2/2009 which is annexed as Annexure-I.