PRITPAL KAUR Vs. D.D.A

JUDGEMENT

(1.) THE present writ petition is filed by the petitioner praying inter alia for a writ of mandamus to be issued to the respondent DDA directing it to allot a MIG flat to the petitioner under the New Pattern Registration Scheme, 1979 (in short ?the NPRS 1979').

(2.) COUNSEL for the petitioner submits that the husband of the petitioner was a registrant under the NPRS 1979. He expired on 5.10.1988. An intimation of his demise was conveyed to the respondent on 16.9.1989. In the meantime, on 5.3.1989, the registrant was allotted a flat bearing No.438, Pocket-B, Second Floor, East Loni Road, Delhi. All the payments were made to the respondent in respect of the aforesaid flat by 31.8.1989.

(3.) COUNSEL for the respondent states at the outset that the case of the petitioner was examined by the competent authority during the pendency of the present writ petition and she has now been allotted a MIG flat bearing No.1085, Second Floor, Pocket B, East Loni Road, Delhi, through a computerized draw of lots held on 11.11.2008. It is further stated that the cost of the flat is being worked out, whereafter a demand-cum-allotment letter shall be issued to the petitioner. It is also not denied by the respondent that the petitioner had deposited the initial amount of Rs. 29,830/- on 31.8.1989 within the stipulated time period and she had requested the respondent DDA that as her husband had expired, she may be granted some further time to furnish the necessary documents for transfer of allotment in her name. The respondent DDA has stated in the counter affidavit that due to some mis-communication, the allotment was cancelled on 13.12.1989, whereafter the petitioner was informed of the cancellation, vide letter dated 14.3.1990.