HIRDAYAPAL SINGH Vs. DDA

JUDGEMENT

(1.) The petitioner registered himself with the Delhi Development Authority (DDA) under the New Pattern Registration Scheme 1979 for allotment of an MIG flat. The petitioner at the time of registration gave his address as 1970/26, Bhagwati Street, Chowk Baba Sahib, Amritsar.

(2.) In 1993 the petitioner changed his residence to 81, Power Colony, Majitha Road, Amritsar and sent a letter dated 4.11.1993 to the DDA informing it of the change of address. The petitioner in the same letter dated 4.11.1993 also indicated his permanent address, which was that of his parent"s at 6- Sarhadi Complex, Dolly Appartment, Oppsite Canal Office, Railway Road, Amritsar-143001.

(3.) It is not in dispute that the petitioner's allotment matured sometime in the year 1999-2000. It is the case of the Delhi Development Authority that the allotment letter was sent to his changed address at 81, Power Colony, Majitha Road, Amritsar and that the said allotment letter was received back undelivered. The DDA does not deny in its reply affidavit dated 19.12.2006 that it did not send the allotment letter to the petitioner's permanent address which was that of his parents. The stand taken by the DDA in its counter affidavit is that it was under no obligation to send the allotment letter to the permanent address of the petitioner and that the consequential cancellation of allotment cannot be faulted with.