(1.) THIS is a writ petition filed by the petitioner seeking a direction that the respondents should allot flat No. 667, 2nd Floor, Sector -A -10, Pocket -2, Group -I, Narela, Delhi or in any other LIG flat of the same category under the New Pattern Registration Scheme (NPRS) 1979 on the same terms and conditions on which the earlier flat was allotted to him.
(2.) BRIEFLY stated the facts of the case are that the petitioner had got himself registered under NPRS -1979 for allotment of LIG flat vide Application No.Z138835 and Registration No. 42065. He was assigned priority No. 38161. The petitioner made a request on 24th July, 1998 that his address be changed to B -990, Shastri Nagar, near Hanuman Mandir, Delhi -52 from G -15, J.J. Colony, Wazirpur, Delhi. And the same was duly acknowledged by the respondents/DDA vide letter dated 10.08.2008. On 11th Feb 2000 the respondents held a draw and allotted a flat bearing No. 667, 2nd Floor, Sector -A -10, Pocket -2, Group -I, Narela, Delhi to the petitioner herein. It is alleged that the demand -cum -allotment letter with the block dates 30th March to 13th April, 2000 was issued to the applicant at the address B -990, Shakti Nagar, Near Hanuman Mandir, Delhi -52 but the same came undelivered. It is averred by the petitioner that having received no intimation for a long period of time from the respondents, he vide letter dated 9.03.2006 sought enquiry about the status of the registration of his flat. In response to the aforesaid query the petitioner was intimated that a LIG Flat bearing no. 667, 2nd Floor, Sector -A -10, Pocket 2, Group -1, Narela, Delhi had been allotted to him but due to in action on the part of the plaintiff the same stood cancelled vide letter dated 25.04.2006. On 11th May, 2006 the petitioner took up the matter with the respondent, intimating them that he had not received the allotment -cum -demand letter at his correct address as the name of the colony was wrongly mentioned as Shakti Nagar instead of Shastri Nagar and therefore inadvertently he could not deposit the money. It is alleged by the petitioner that instead of admitting their mistake of having sent the allotment -cum -demand letter at a wrong address the respondent sent the letter dated 25th May, 2009 asking the petitioner to explain as to how he received the letter dated 10th August, 1998 in which also the name of the colony was wrongfully mentioned as Shakti Nagar while as he was living in Shastri Nagar. The petitioner informed the respondent that he was able to receive the same as the post man was aware of his address and Shastri Nagar was adjoining colony with the same pin number therefore the letter was delivered to him. The petitioner has asserted that throughout his correspondence with the respondent he has been mentioning his correct present address but the respondent department has failed to make amends and rather has chosen to cancel the allotment of the petitioner. On the basis of these facts he has sought the allotment of the Flat No. 667, 2nd Floor, Sector -A -10, Pocket -2, Group -I, Narela, Delhi at the same cost at which it was reflected in the demand -cum -allotment letter or alternatively it has been prayed that a similar flat may be allotted to him at the same cost.
(3.) IT has also been stated by the respondent that the NPRS Scheme has been closed in 2004 and before closure, a public notice was made in the leading newspaper "Navbharat Times" intimating all the registrants that some demand -cum -allotment -letters have been received undelivered from the postal authorities and such registrants may contact the Deputy Director, LIG on Monday or Thursday along with identify proof within 15 days of the publication of the notice. However the appellant failed to respond and taken action.