YASH PAL BHATIA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India for a writ of mandamus directing the respondent, Delhi Development Authority, to allot a MIG Flat to the petitioner and to charge him for the same in accordance with the relevant rule, as prevailing in August, 1989.

(2.) The petitioner was registered for allotment of flats in New Pattern Registration Scheme, 1979. He was so registered for allotment of MIG flat. The name of the petitioner was to be included in the draw of lots but the same was omitted due to an error committed on the part of the respondent-Authority. The petitioner represented against non-inclusion of his name in the draw held in March, 1989. The representation was accepted by the Vice Chairman of the Authority and the name of the petitioner was directed to be included in the draw immediately. The draw of lots was then held on August 31, 1989 and the name of the petitioner was included and he was allotted flat No. 178-D, Block No.F, Nand Nagri, Delhi, on cash down basis at the price of Rs.1,69,000.00 . The same is borne from annexure II, filed with this writ petition., which is letter of allotment.

(3.) The Authority committed a mistake again inasmuch as the said flat had already stood allotted to someone else and the petitioner accordingly could not be put in possession of this flat. Further representation was made by the petitioner on October 12, 1989, which is annexure III to this writ petition, wherein, it was clearly stated that the petitioner may be allotted an alternative flat in the same area, as the above mentioned flat already stood allotted to somebody else. There is no response to this representation and further representation was made by the petitioner, which is filed as Annexure IV to this writ petition.