HARI SEHRAWAT Vs. D D A

JUDGEMENT

(1.) The petitioner assails a letter dated 29.4.2002 from the DDA to "Legal heirs of Sri Khazan Singh S/o Sri Kehar Singh" informing that the allotment of the alternative plot (Plot No.64, Pocket-10, Block-B, Sector 13) measuring 33.06 meters in Dwaraka Residential Scheme under the Scheme of Large Scale Acquisition, Development and disposal of land in Delhi, stands cancelled. The said letter reads-

(2.) The petitioner admittedly is one of the sons of late Sri Khazan Singh. He has four sisters and his mother all of whom are arrayed as respondent nos. 2 to 6. The petitioner does not dispute that if at all, the entitlement under the Policy is only for a joint allotment to all the legal heirs of Sri Khazan Singh. Still, he insists that merely because the other legal heirs are not interested for some reason in claiming their entitlement to an alternative plot in their capacity as legal heirs of Sri Khazan Singh, he cannot be deprived of his entitlement. The counsel for the petitioner also assails reasons given by the DDA for the cancellation of the allotment. He submits that none of the three letters of intimation of allotment were in fact received by him or by any of the legal heirs of Sri Khazan Singh.

(3.) The stand taken by the DDA on the basis of the records of the case is contained in its counter affidavit dated 3.3.2005. The first draw of lots was held on 26.3.1993 and a demand-cum-allotment letter was issued to Sri Ram Chander. However, no payment was received. Consequent upon a second draw of lots, another allotment letter dated 20.1.1997 was issued. It is stated that at this stage one of the sons of Sri Khazan Singh, Sri Ram Chander, had written to the DDA on 8.5.1997 stating that allotment letter may be sent to him at the address mentioned in the letter. However, this allotment was also cancelled since the amount was not paid within the stipulated period.