TAJINDER SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS appeal is directed against the order dated 4th December, 2002 passed by the learned Single Judge dismissing the writ petition filed by the appellant herein. The writ petition was filed by the appellant-petitioner praying for a direction to the respondent to give allotment of a LIG flat to the appellant at the rates prevalent in the year 1996.

(2.) THE appellant was registered under NPRS 1979 for LIG flat. In 1984 the appellant was given his priority number. On 22nd February, 1994 the appellant was allotted a flat in Bindapur, Delhi but the same was not as per the norms of a LIG flat as the said flat was in the nature of an expandable Janta Flat. A number of similarly placed persons filed a writ petition before this Court being CW No. 1906/1994. As recorded in order dated 24th march, 1995, DDA made a statement that allottees not interested in incremental category flats can send intimation within four weeks and will be included in the draw of lot for LIG category.

(3.) THE notice being issued on the aforesaid writ petition, the respondent stated that the appellant himself had applied for the refund of the registration money vide letter dated 17th May, 1994 and for cancellation of his registration. It was stated that consequent upon the said request of the appellant, the allotment/registration of the appellant stood cancelled. It is also stated that the registration money deposited by the appellant could not be refunded since the appellant failed to surrender the original documents, which are mandatory to be furnished for getting refund of the amount paid. It is stated that requirement to furnish original documents is mandatory as cases of misuse and transfer of documents to third parties have come to the knowledge of the DDA.