RAMINDER KAUR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Present petition has been filed by the petitioner with the following prayers:

(2.) It is the case of the petitioner in the writ petition that her husband Late Sh. Gurdial Singh had applied for allotment of MIG flat under the New Pattern Registration Scheme, 1979 (NPRS-79) on September 25, 1979 vide registration Number 21090. At the time of submitting the application, Sh. Gurdial Singh was a resident of D-48, Fateh Nagar, New Delhi. It is averred that Late Sh. Gurdial Singh shifted his residence to 25/13, Ashok Nagar, Tilak Nagar, New Delhi and an intimation in this regard was given to the respondent vide letter dated February 27, 1986. Sh. Gurdial Singh died on August 12, 1987. It is averred that petitioner intimated the respondent regarding the death of Sh. Gurdial Singh vide letter dated August 18, 1988 and submitted necessary documents for changing the registration in her name. Respondent sought various documents / clarifications / explanations and affidavits from the petitioner including the clarification whether Late Sh. Gurdial Singh survived by his mother; whether he had left any Will; and whether one Sh. Sharanjeet Singh was his son. It is stated that she clarified all the doubts and submitted the necessary documents and affidavits. It is averred in the writ petition that after her husband's death on August 12, 1987, petitioner obtained a Ration Card showing herself as the head of the family. The same was issued with No. 734630 on January 1, 1988 falling under Mandal No. 21 with Ration Shop No. 5662 and registration No. 330. Subsequently, she changed her residence from 25/13 Ashok Nagar, New Delhi to 20/5, Ashok Nagar, New Delhi. In spite of the change of address, the Mandal and the Ration Shop remained the same. Thus rather than issuing a fresh ration card, changes were made in the same ration card by striking off the old address and entering the new address apart from other changes. It is her case, endorsement was made in the ration card stating "change of address made "20/5, Ashok Nagar, New Delhi 110018". It is stated in the writ petition that the petitioner submitted all the necessary documents including photocopy of the ration card where change of address had effected. Having satisfied that the petitioner is entitled for change of registration in her name, the respondent had carried out the change of registration in the name of the petitioner on October 15, 1990. According to her, as there was no communication from the respondent pursuant to the change of registration in her name and on learning from the Newspaper reports that the respondent DDA had almost completed allotment of MIG flats in Dwarka, she approached the respondent. It was revealed that Flat No. 460, Pocket 3, Sector 19, Dwarka, New Delhi was allotted in the name of her late husband Sh. Gurdial Singh in the draw held on March 21, 1994 at the cost of Rs.4,62,5922/- and the demand-cum-allotment letter of blocked dates July 5, 1994 to July 9, 1994 was sent to Late Sh. Gurdial Singh at the old address viz. D-48, Fateh Nagar, PS-Tilak Nagar, New Delhi 18. It is also averred that the demand-cum-allotment letter appears to have been sent to the petitioner at 25/13 Ashok Nagar, near Tilak Nagar, New Delhi rather than at fresh address furnished by the petitioner, i.e., 20/5, Ashok Nagar, New Delhi. According to her, as per the documents procured by the petitioner it transpired that as the demanded amount has not been paid, show-cause notice dated February 28, 1996 was issued and the same was sent at 25/13, Ashok Nagar near Tilak Nagar, New Delhi and respondent cancelled the allotment made in favour of the petitioner on the ground of non-payment. On coming to know the aforesaid position, the petitioner approached the respondent for allotment of flat by pointing out she has not received the demand-cum-allotment letter. She stated that she also met the Vice-Chairman, DDA in public hearing seeking redressal of her grievances. Following her meeting with the ViceChairman, the matter was considered by the respondent and fresh verification of documents and genuineness of the petitioner was carried out. It is stated that having satisfied that the case of the petitioner was covered under the "wrong address policy" the competent authority had decided to allot a flat to the petitioner as in the meantime, the flat that was allotted to the petitioner was disposed off. Accordingly, the name of the petitioner was put in the draw held on May 18, 2007 for allotment of MIG flat and flat no. 65, First floor, Pocket-D, Phase-II, Dwarka, New Delhi was drawn in the name of the petitioner. While carrying out the computation, it appears that the Finance Department in its note dated July 19, 2007 had put an objection. After considering the objection put by the Finance Department and on a re- consideration, it was decided to call upon the petitioner to appear in the public hearing along with original ration card of both the addresses, i.e., 20/5, Ashok Nagar, New Delhi - 110018 and 25/13, Ashok Nagar, New Delhi 110018. It is the case of the petitioner that she again shifted her residence from 20/5, Ashok Nagar, New Delhi to D-21, Fateh Nagar, New Delhi 110018. On this occasion, there was change of Mandal while Ashok Nagar falls under Mandal 21 and Fateh Nagar falls under Mandal 13. On depositing the old ration card, petitioner was issued a new Ration Card No. APL-13131990.

(3.) In the letter dated May 8, 2009 of her counsel it was represented that she has shifted her residence and has submitted her old ration card to the authorities for issuance of new ration card. It is stated that in the letter dated March 10, 2011 respondent had called upon for appearance of the petitioner for verification of genuineness by appearing in public hearing and for verification of documents. It is averred that petitioner appeared on February 8, 2011 and her genuineness was verified. According to her neither there was any discrepancy in the ration card nor petitioner was asked to verify anything regarding the ration card. Following the verification of genuineness, the matter was considered and it was observed that since the competent authority has already approved the case under the "wrong address policy / change of address", the cost of the flat as per "wrong address policy" be computed. The Finance wing again vide its note dated January 10, 2012 observed that the "wrong address policy" is not applicable and the approval earlier given may be withdrawn.