MUNISH WAHIE Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The writ petitioner seeks a mandatory order to the Delhi Development Authority ("DDA") for change of allottee's name (mutation) and further direction to issue the demand cum allotment letter (hereafter, "the allotment") in respect of MIG Flat, No. 238, Phase 2, Sector 13, Pocket B, Dwarka (herafter, "the flat").

(2.) The petitioner's mother, Ms. Sheela Wahie, had registered herself with the DDA in the New Pattern Registration Scheme (NPRS) for allotment of a flat, in 1979. She passed away on 13-11-1987. The petitioner, her son and legal heir, intimated this event on 27-8-1999. He also requested the DDA at that time to transfer the registration in his favour. He alleges that all the necessary papers, including no objection from other legal heirs, were furnished to the DDA. It is alleged that nothing further was heard on the issue; the petitioner apparently was visiting the DDA from time to time. He further alleges that sometime in May 2003, during one of his visits, he learnt that a flat had been allotted, but in his deceased mother's name, in June, 2002. It is claimed that the intimation of the allotment was not received.

(3.) According to averments in the petition, the DDA had misplaced the file for almost two years, and the petitioner was repeatedly asked to visit its offices, which he did. Ultimately, in March, 2005, the file was located; yet, many important documents such as the Fixed Deposit Receipt, Registration card, etc were unavailable on the file. It is further averred that time and again the petitioner and his sister visited the offices of the DDA, but were unsuccesful in eliciting anything favourable, even though repeated assurances were held out. The petitioner was asked to submit an affidavit, and indemnity bond, which were not necessary, according to him; yet he did so, with the hope that the allotment would be given. He moved the present proceedings, in these circumstances, with the claim for allotment, and mutation of the flat in his favour.