SUSHIL KUMAR JAIN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By virtue of this Review Petition, the Respondent (DDA) seeks review of the judgment dated 12.11.2013 passed by this Court whereby a writ of mandamus was issued to the DDA to allot a flat of equivalent area (to the area of Petitioner's allotted flat) to the Petitioner (Sushil Kumar Jain) at the price as prevalent in the year 2012 within a period of twelve weeks.

(2.) In fact, the Respondent (DDA) had preferred an LPA against the judgment dated 12.11.2013. One of the submissions raised by the Respondent (DDA) before the Division Bench was that the NRPS Scheme, 1979 (under which the Petitioner had registered for allotment of an MIG flat) been closed in the year 2006, the writ petition filed in the year 2012 was highly belated and this fact had not been noted and decided by this Court. Thereafter, the DDA (Appellant) sought leave to withdraw the appeal with liberty to raise the said issue before this Court. The appeal was accordingly dismissed as not pressed.

(3.) The learned counsel for the Respondent-DDA referring to the Division Bench judgment in Delhi Development Authority v. Sunil Kumar Jain, LPA 277/2013, decided on 11.03.2014 has urged that NPRS Scheme, 1979 was closed a long time ago. A public advertisement dated 01.05.2004 informing all left over registrants under the NPRS Scheme, 1979 to contact DDA so that their names could be entered in a draw of lots, was issued. Another advertisement on 02.02.2006 to the same effect was also issued. Petitioner (Sushil Kumar Jain) having failed to approach the Respondent (DDA) in terms of the said advertisements cannot make a grievance regarding cancellation of the allotment after six long years. It is urged by the learned counsel for the DDA that since the writ petition in that case was also filed six years after the closure of the scheme as in the instant case; the writ petition ought not to have been entertained by this Court and instead of allowing the writ petition by issuing a writ of mandamus, the writ petition ought to have been dismissed.