ANJU RAGTAH Vs. DDA

JUDGEMENT

(1.) MR . Mittar Sain-husband of petitioner-Smt. Anju Ragtah was registered under the NPR Scheme vide registration no. 12225 for allotment of an MIG flat.

(2.) MR . Mittar Sain expired on 24.2.1991. Till that date, DDA had not made any allotment.

(3.) DESPITE of the aforesaid letter, it appears that DDA did not carry out the transfer of registration or mutation. They also did not correct/ amend the address for communication as given in the said letter. The stand taken by the DDA in the counter affidavit is that the petitioner did not file any documentary proof for change of address. It is however admitted that DDA never requested the petitioner to submit any documentary proof of change of address. On the other hand, it is a case of the petitioner that she along with letter dated 17.2.1993 had filed photocopy of the ration card of her father with whom she was residing after the death of her husband. The ration card had her new address. In the draw of flats held on 30.07.2003, flat bearing no. 472, Sector D, Pkt-A, third Floor at Shalimar Bagh was allotted under the registration number allotted to Mr. Mittar Sain, husband of the petitioner. The said allotment was on hire purchase basis. Demand cum allotment letter dated 25.9.2003 was issued in the name of Mr. Mitar Sain at 19/5, Old Rajinder Nagar, New Delhi and was received back with remarks left without address Even after receiving the said letter DDA did not examine their records and send letter to the petitioner who had earlier written letter dated 17.2.1993. Subsequently another call was sent in the name of Mr. Mittar Sain at his residential and occupational address and as no response was received, DDA cancelled the allotment on 23.11.2004.