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2009 DIGILAW 143 (DEL)

ARUN KUMAR MEHTA v. DDA

2009-02-03

HIMA KOHLI

body2009
ORDER 1. The present writ petition is filed by the petitioner praying inter alia for issuance of a writ of mandamus to the respondent to allot an MIG flat in Dwarka to the petitioner and issue a demand-cum-allotment letter. 2. It is the case of the petitioner that the petitioner had initially applied for an LIG flat under the NPRS Scheme-1979, which was later at the request of the petitioner, converted to a flat in MIG category. The petitioner changed his address from Yamuna Vihar to Jangpura and conveyed the same to the respondent vide letter dated 10.2.1989. The original of the aforesaid letter has been placed on the record by the petitioner. Despite the aforesaid intimation of change of address, the same was not taken into consideration by the respondent, when the draw was held in the year 2004. As a result, though the petitioner was allotted an MIG flat at Dwarka, but the demand letter was sent at the old address and the petitioner could not take action pursuant thereto. 3. Counsel for the petitioner states that the petitioner has been repeatedly making representations to the respondent to consider his case for allotment of a flat as per the policy of the DDA at the earliest, but no action has been taken by the respondent. Hence the present petition. 4. Counsel for the respondent states that she has obtained instructions from her client and verified the original letter dated 10.2.1989 issued by the petitioner to the respondent and enclosed under an index dated 5.12.2008. She submits that the respondent has no objection to the writ petition being allowed, subject to the petitioner producing certain documents including, ownership proof of residence, house tax receipt, water and electricity bills duly attested by a Gazetted Officer. 5. Accordingly, the writ petition and the application are disposed of with directions to the petitioners to appear before the Assistant Director (MIG) DDA, on 20.2.2009 at 3 p.m., along with all the relevant documents to enable the respondent to process the case of the petitioner for issuance of a demand-cum-allotment letter, in respect of an MIG flat in Dwarka. After satisfying itself with regard to the documents submitted by the petitioner, the respondent shall issue a demand-cum-allotment letter to the petitioner within four weeks from 20.2.2009. After satisfying itself with regard to the documents submitted by the petitioner, the respondent shall issue a demand-cum-allotment letter to the petitioner within four weeks from 20.2.2009. It is further ordered that in case the flat originally allotted to the petitioner is available, then the same shall be allotted to him as per the cost applicable in the year 2004 in accordance with the policy of the DDA in that regard. Writ Petition and Application disposed of.