D.S. SETHI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner seeking allotment of a MIG Flat. It is an admitted position that the petitioner had registered himself with the Delhi Development Authority for allotment of a MIG Flat under the new pattern registration scheme vide a registration No. 13754 in the year 1979 and was allotted priority No. 33301. After his registration the petitioner changed his address on 5th May, 1988 from E-201, Narayana Vihar, New Delhi to C-517, Pargati Vihar, New Delhi-110003. The petitioner informed of his changed address to the DDA by a communication of the 5th May, 1988 and requiring the DDA to confirm the change of address to him. There was a subsequent change in the petitioner's address to House No. 857, Sector-28, Faridabad (Haryana) which fact also was informed by the petitioner to the respondent by registered post on 21st February, 2002.

(2.) THE writ petition has been filed contending that the petitioner did not receive any letter of allotment of the flat and that he met the concerned Deputy Director with regard thereto in 2003 and again on 13th September, 2004. It was only in his second visit that the petitioner was informed that he had been successful in allotment of a flat in draw held on 22nd February, 2002 but the allotment letter was sent to the old address of the petitioner.

(3.) I find that in the counter affidavit which has been filed the DDA has stated that the demand-cum-allotment letter in respect of allotment of the MIG flat No. 221, Second Floor, Sector 19, Pocket II Dwarka through the computerised draw of lot held on 31st May, 2007 on cash down basis at a disposal cost of Rs. 13,26,366/-was issued to him in the block dates between 25th June, 2002 to 5th July, 2002. The last date for making the payment of the demanded amount even with interest was 3rd October, 2002. The DDA has stated this demand-cum-allotment letter was returned undelivered with the postal remark 'addressee has gone on long leave house remained locked'. Therefore the allotment was cancelled by the competent authority by an order passed on 6th February, 2004. It has also been contended that though the DDA has issued advertisement in leading newspaper in 2004-2006 before closing of the MIG scheme for allotment of flats to remaining/left-out registrants, the petitioner did not approach the DDA from 2002 to 2007 on any occasion to collect the demand-cum-allotment letter and consequently had forfeited the right to allotment of a flat. It is also the submission that for this reason the petitioner's case is not covered under the policy of change of address.