LAWS(DLH)-2018-4-5

KRISHAN GOPAL BAKSHI Vs. DELHI DEVELOPMENT AUTHORITY

Decided On April 03, 2018
Krishan Gopal Bakshi Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) The present petition has been filed with the following prayers:

(2.) The facts as noted from the writ petition are, the petitioner herein got registration under New Pattern Registration Scheme, 1979 of DDA for allotment of a Janta flat vide Registration No. 10148 and was assigned priority No. 31001. Subsequently in the year 1992 the priority of the petitioner matured and he was allotted a specific flat bearing No. 8-B, 63, Sector-D, Pocket-2, Kondli-Gharoli, Delhi vide the draw of lots held on May 13, 1992. The petitioner was also issued the demand letter having block dates November 25, 1992 November 30, 1992 in respect of the flat.

(3.) It is the case of the petitioner, as contended by his counsel that the petitioner requested for cancellation of allotment vide his letter dated March 4, 1993 and for letting his name in waiting list for next draw of lots. That since no action was taken by the respondent, petitioner sent a reminder letter dated September 2, 1993 and asked to update him as to the quantum of cancellation charges. Respondent vide letter bearing no. 207(1089)92 dated September 26, 1994 intimated petitioner to deposit cancellation charges within 60 days of issuance of the letter which was dispatched on October 4, 1994. The petitioner deposited the cancellation charges vide challan no. 016585 on December 5, 1994. It is the case of the petitioner that he intimated the respondent about the factum of deposit of cancellation charges. As no response was received from the respondent, the petitioner sent a reminder letter dated June 29, 2000 and visited the office of DDA numerous times but got the same response time and again that his case is under consideration. It is the submission of the ld. Counsel for petitioner that DDA, as per their practice and policy, on cancellation of the flats prior to December 31, 1993, assigned tail end priorities to the registrants who did not avail of the allotment made in their favour prior to December 31, 1993. This practice of DDA continued uptil 1994.