AMAR NATH Vs. D D A

JUDGEMENT

(1.) The appellant, Mr. Amar Nath is aggrieved by the impugned Judgment dated 20th November, 2006 passed by the learned Single Judge dismissing his Writ Petition No. 23135/2005 with liberty to the appellant to pay the amount demanded by the respondent-Delhi Development Authority (hereinafter referred to as DDA, for short) within two weeks with 10% interest on the unpaid amount.

(2.) The office file of Delhi Development Authority makes an interesting reading. The appellant is a registrant under the Scheme called "Registration Scheme of New Pattern", 1979 for allotment of MIG Flat. The appellant deposited Rs. 4500/- with the respondent in 1979. In September, 1998 after nearly twenty years, a flat in Phase-II, Dwarka was allotted to him. No communication was sent by the respondent to the appellant for nearly eleven months. The letter of allotment was posted in August,1999. This allotment was under the hire-purchase scheme which did not require lump sum payment but payment in installments. The file shows that this letter of allotment was required to be sent to 266A, Bagh Kare Khan, Kishan Ganj New Delhi-110007 i.e., the address mentioned by the appellant on the application form. However, this address was scored off and the letter was sent to F-65, Kamla Nagar, Delhi-7. The said address was written by hand. There is no paper on record to show that the appellant had furnished any information for change of address. This letter came back undelivered. Accordingly, as per office noting dated 10th October, 2000, the respondent-Delhi Development Authority cancelled the allotment.

(3.) In the public hearing held on 7th July, 2004, the appellant protested against the cancellation. He pointed out that the letter was sent to a wrong address and not at the address given by him. It appears that the respondent was initially confused whether or not the appellant had asked for change of address. Change in address was recorded* in the registration register maintained by the respondent. This was disputed by Mr. Amar Nath- the appellant. He stated that he had never changed his address and had been living at the same address i.e., house No. 266A, Bagh Kare Khan, Kishan Ganj, New Delhi since 1979. He also filed documents in support. Commissioner (Housing) in one of his office noting had recorded that it was not clear on what basis the address was changed and, why in the registration register change in the address was made without any document.