NARESH KUMAR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE present petition assails the action of the DDA in cancelling allotment of a flat allotted to him. The petitioner was an applicant with the DDA in respect of a janta flat in the NPRS Scheme of 1979. There is no dispute that the allotment of the flat matured in favour of the petitioner in the year 1990. This allotment was cancelled on 17th September, 1990 on the ground that the petitioner had failed to make payment and had not submitted the required papers.

(2.) THE petitioner has contended that on receipt of demand -cum -allotment letter dated 24th April, 1990 which stipulated the last date of payment as 1st August, 1990, the petitioner made payments towards this flat in terms of the allotment letter dated 16th July, 1990. Reliance is placed on the deposit of documents by him on 17th September, 1990 against receipt. Despite these facts having been brought to the notice of the DDA, a demand for cancellation charges was raised upon him.

(3.) THE writ petition has been filed premised on the assertion that no allotment was made in favour of the petitioner despite passage of all this time and the amount of the petitioner is also lying with the DDA. This writ petition has been filed praying for issuance of a writ of mandamus to the DDA to hold a draw of lots and to make an allotment of a similar flat in favour of the petitioner in terms of the allotment already effected.