BHUPINDER SINGH VOHRA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The Petitioner's father Shri Budh Singh got registered for the allotment of an MIG flat under the New Pattern Registration Scheme, 1979 ('NPRS, 1979') with the Respondent, Delhi Development Authority ('DDA'), on 26th September, 1979. He gave his residential address as 10389, Pirki Bagichi, Subzi Mandi, Delhi and his occupational address as Girdhar Plastic Works, D-52, Hari Nagar, Clock Tower, New Delhi. Through a computerised draw of lots held on 31st January, 2003, Shri Budh Singh was allotted Flat No. 90, Ground Floor, Jahangir Puri (hereinafter 'the flat in question'). A demand-cum-allotment letter ('DAL') with block dates of 21st to 25th April, 2003 was sent to him first at the residential address. This was returned undelivered to the DDA with postal remarks 'left without address'. Thereafter, the DAL was sent to his occupational address. It was returned unserved with the postal remarks 'intimation issue and unclaimed'. Thereafter, the allotment was cancelled by an order dated 22nd August, 2003. However, no cancellation letter was issued.

(2.) On 23rd January, 2009 the Petitioner intimated the DDA about the death of his father on 4th February, 1998. He mentioned that Shri Budh Singh had informed the DDA by a letter dated 14th August, 1989 which was received in the office of the DDA under Diary No. 7291, of the change of his residential address to A-225, Lawrence Road, Delhi-110035. The request of the Petitioner for mutation of the registration was granted and a letter was sent to him in that regard by the DDA on 26th February, 2009.

(3.) As regards application of the wrong address policy, initially a view was taken by the officials in the DDA that there was a failure on the part of the DDA to send the DAL to the changed address. The relevant portion of the file noting reads as under: