JAG RAM SINGH Vs. D D A

JUDGEMENT

(1.) One Sh. Mahadev Prasad, father of the petitioner, registered himself with the respondent-DDA for allotment of one MIG Flat, under the Ambedkar Awas Yojna Scheme in the year 1989. Sh. Mahadev Prasad passed away on 06.07.2000. On 31.12.2001 the respondent held a draw of lots wherein flat bearing No.8, First Floor, Pocket-A, Phase-II, Dwarka, was allotted in the name of Sh. Mahavir Prasad, under the aforesaid scheme. On receipt of this demand-cum-allotment letter, the widow of late Sh. Mahadev Prasad Smt. Mishri Devi vide communication sent on 27.03.2002 informed the respondent about the demise of Sh. Mahadev Prasad. She also sought cancellation of the allotment of the flat, and allotment of another flat after some time in the next draw. Inter alia, vide communication dated 05.02.2004, the respondent required Smt. Mishri Devi to submit certain documents for carrying out mutation of the registration in her favour. Smt. Mishri Devi sent the requisite documents on 09.12.2004 On 20.01.2005, the respondent issued another communication addressed to Smt. Mishri Devi communicating the cancellation of the allotment of the flat on the ground that she had failed to comply with the terms and conditions of the allotment letter dated 31.12.2001. She was also requested to apply for refund of the amount deposited for registration under the scheme by submitting the original FDR duly discharged on the back sent on 27.03.2002, original registration certificate and the original fourth copy of challan. By a further communication dated 18.02.2005 the respondent communicated the mutation/substitution of Smt. Mishri Devi in place of her late husband "only for refund of registration money".

(2.) Late Smt. Mishri Devi thereafter, continued to represent for restoration of the same flat. This representation was rejected by the DDA on 15.09.2005 and she was required to apply for refund of the registration amount.

(3.) Smt. Mishri Devi also passed away on 17.11.2005 whereafter the petitioner, her son, applied for mutation/substitution. Vide communication dated 07.08.2006, the respondent has carried out mutation in favour of the petitioner in respect of the aforesaid registration earlier held by his father Sh. Mahadev Prasad and thereafter by his mother late Smt. Mishri Devi. Learned counsel for the respondent submits that this mutation was carried out only for the purpose of refund of registration amount, and not for allotment of flat. Since the petitioner is denied allotment of a flat, the present petition has been filed, firstly, seeking the quashing of the letter dated 20.01.2005 whereby the allotment of flat No.88, First Floor, Pocket-A, Dwarka, has been cancelled, and further seeking the direction to the respondent to allot a flat to the petitioner in the same zone and locality at the cost prevailing in the year 2002.