INDERJEET SINGH TOSARIA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner is invoking extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking issuance of appropriate writ, order or directions against the arbitrary actions of respondent/Delhi Development Authority ['DDA']in not converting the mode of payment from hire purchase to cash down and quashing the new demand-cum-allotment letter dtd. 16/3/2017 imposing interest charges to the tune of Rs.4,50,000.00. FACTUAL BACKGROUND:

(2.) The background of the present petition is that the petitioner duly registered under the DDA's New Pattern Registration Scheme, 1979 'NPRS', for the allotment of an MIG flat, furnishing his residential address as House No. C-1/32, East of Kailash, New Delhi, where he resided as a tenant, and his official address as the office of the Executive Engineer (E&M), North Nigam Bodh Pumping Station, Delhi.

(3.) It is stated that he did not receive any intimation or allotment letter from the DDA till August 1999 but in the meanwhile he had shifted his residence to D-8, Hauz Khas, New Delhi, without notifying the DDA of this change. It transpired that on 6/8/1999, the petitioner's name was included in a draw of lots, resulting in the allotment of MIG Flat No. 157, Pocket D, Sector-18, Rohini, New Delhi but the corresponding allotment-cum-demand letter was dispatched to the petitioner's previously registered residential address, but due to the petitioner's relocation, the letter was returned undelivered. Despite the availability of the petitioner's occupational address on record, where the petitioner remained employed until his retirement in October 2008, the DDA did not attempt to reissue the allotment letter to the petitioner's occupational address. Instead, the DDA proceeded to cancel the allotment without issuing a show-cause notice.