RAGHUBIR SINGH ARORA Vs. D.D.A.

JUDGEMENT

(1.) THE petitioner was registered under the NPR Scheme -1979 for allotment of a MIG flat.

(2.) AS per the respondent -DDA, the petitioner was successful in draw of flats held on 1st June, 1987 and demand cum allotment letter dated 7th/ 15th July, 1987 was sent to the petitioner at 11/14 A, Moti Nagar, New Delhi -110015. However, the said letter was received back undelivered with the remarks "left without address". Thereafter the aforesaid demand cum allotment letter was sent to the petitioner at his occupational address i.e. Poonam Garments, Ram Nagar, Gandhi Nagar, Delhi -110031, but neither the said letter was received back as undelivered nor there was any response from the petitioner. It is stated that the allotment was cancelled on the ground of non -payment.

(3.) THE petitioner's case was considered as a tail -end priority case and was allotted a flat in Dwarka in the computerized draw of flats held on 31st March, 2004 on cash down basis. However, DDA did not post the demand cum allotment letter, but later on issued a show cause notice asking why the allotment of flat made in the computerized draw of flats held on 31st March, 2004, be not cancelled. It is apparent that notice for show cause was wrongly issued admittedly as demand cum allotment letter after draw of lots in 2004 was never issued.