RAM DITTI & ANR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) CM No.12469/2015 (delay)

(2.) In the counter affidavit filed by the DDA in W.P.(C) No.7489/2013, it was replied that the name of Krishan Lal Bhatia was inadvertently feeded as Krishan Lal Batra however the DDA could not state whether intimation with regard to the allotment was communicated to the allottee or not as the main allotment file was not traceable. It was also pointed out that the appellants who are the legal heirs of Krishan Lal Bhatia neither intimated about the death of the allottee nor made any correspondence and on the representation of the appellant No.1 raising concern over the cost of the flat, the DDA replied that the Lt. Governor had approved that case for restoration subject to payment of current disposal cost of the flat. It was further stated that the case of the appellants was considered under the wrong address policy despite the fact that the legal heirs or the allottee never informed their changed address to DDA and had approached the DDA belatedly.

(3.) By the impugned judgment dated 19th February, 2015, the learned Single Judge referred to the earlier decisions of this Court in W.P.(C) No.7163/2009 titled as Parwati v. DDA & Anr. decided on 09th May, 2015 and W.P.(C) No.343/2012 titled as Madhu Arora Alias Hony Monga v. Delhi Development Authority decided on 26th February, 2013 wherein this court held that the allottee is liable to pay the price at which the flat was originally allotted to him in case of flat was being re-allotted to him under the wrong address policy. However, the facts of the two cases were different as in the first, the flat was allotted to a dead person whose son within a period of two years, had approached the DDA for mutation of the flat in his name and in the second despite the party approaching the DDA, its queries were not responded for the reason that the name was wrongly noted. Thus, in both the cases, there was no negligence on part of the allottees. The learned Single Judge further noted that in the present case, there is no material to show that Krishan Lal Bhatia kept the track of the allotment in his lifetime and even the appellants herein have given no reason for the time lapse after which they had woken up and how they found the old papers of late Sh.Krishan Lal Bhatia containing the document of registration etc. Since the appellants had not paid the cost of the flat, the learned Single Judge granted 60 days to them to pay the cost of the flat failing which, the DDA was free to take such action as it deems fit in line with the terms and conditions of the allotment.