AMITA SETHI Vs. D.D.A.

JUDGEMENT

(1.) A flat was allotted to the petitioner's father who registered under the NRPS 1979, some time in 1990. This fact however,'was not known to the petitioner's father since the letter of allotment was sent to the wrong address. Consequently, there was a default in making payment and the allotment stood cancelled. After her father's death, the petitioner applied for mutation and received a letter dated 9.7.2003 from the D.D.A. informing her that the mutation had been carried out only for the purpose of refund of the registration money. The petitioner then approached the D.D.A for restoration of the allotment.

(2.) By a letter dated 8.8.2003 the D.D.A. informed the petitioner that her request for the allotment of an L.I.G. flat had been acceded to by the Competent Authority "on cash down basis at the rate prevailing at the time of the original 'allotment." The admitted Position is that in the draw held on 24.11.2004, the petitioner was allotted flat No.126-D, Pocket A-3, 1st Floor, Kondli Gharoli, Delhi. The D.D.A. sent letter dated 24.5.2005 to the petitioner asking her to attend a public hearing for certain clarifications on the issue "along with original ration card/identity card, etc. and all other original documents related to above subjected matter." The petitioner claims that she submitted these documents thereafter but was not issued a demand-cum-allotment letter. Thereafter she made a further representation on 20.6.2006 and then filed the present petition in this Court.

(3.) In the counter affidavit filed by the D.D.A. it is stated inter alia that the petitioner had not submitted the required documents and that "as and when the petitioner shall submit identification proof and documents to clarify certain queries of the answering respondent the demand a letter shall thereafter be issued with immediate effect as per the policy of the answering respondent."