PARTAP SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In all these cases, the petitioners seek directions to the Delhi Development Authority (DDA) directing it to allot flats in lieu of those cancelled. The further relief claimed during the hearing is that the lower of two costs,- as between the cost at the time of the original allotment, and the current cost,- ought to be charged.

(2.) The petitioners in WP 13385/2004 and WP 19682/2004 had registered in the schemes known as the New Pattern Registration Scheme (NPRS) formulated by the DDA in 1979, and the petitioner in WP 13314/2004 had registered in the Ambedkar Avas Yojna, ( Ambedkar Scheme ) formulated in 1989 . Such registrants were given a priority number in the scheme. As per the scheme, the DDA used to hold periodic draw of lots, and dispatch intimations, in the form of allotment cum demand letters, calling upon allottees to make payment, and complete formalities, as a condition for securing possession of the property.

(3.) The petitioners had changed their addresses, and intimated the DDA of the new address, where the intimation had to be dispatched. In WP 13385/2004, the intimation about change in address was made on 1-3-1989; in WP 19682/2004 the intimation was made on 12.6.2000, and in the case of WP 13314/2004, the intimation was made to DDA on 26-7-1999. In all the cases, the petitioners were successful in draws of lot, held by the DDA. The intimation of such allotment was made to the petitioners on different dates in 2002 and January 2003. However, the demand letters were sent to the old, incorrect addresses, despite intimation by the registrant petitioners about change in their residence/ mailing address. As a result, the allotment letters never reached them. They were unable to comply with the conditions spelt out, and deposit the amounts demanded within time. The allotments, were therefore, cancelled.