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2009 DIGILAW 329 (DEL)

ASHOK KUMAR GUPTA v. D. D. A.

2009-03-26

RIMA KOHLI

body2009
ORDER 1. This case was heard at length on 16.3.2009 and the facts were recorded in the order on the said date along with the contentions of both the parties. 2. In the course of arguments, the stand of the petitioner that he did not apply under the 6th SFS Scheme after the year 2002 for the reason that the respondent issued a letter dated 25.3.2000 intimating him about the allotment of a flat in his favour at Jhilmil, Delhi, was sought to be disputed by the Counsel for the respondent by taking a plea that the petitioner was duly intimated of the cancellation of the said flat, vide letter dated 4.8.2000. However, as nothing was placed on the record to establish the mode of intimation of the cancellation letter dated 4.8.2000 stated to have been issued to the petitioner, the respondent/ DDA was called upon to produce the relevant records today to show mode of intimation of the cancellation letter to the petitioner. 3. Counsel for the respondent/DDA states today that the dispatch register of the department for the relevant year has been examined and the mode of dispatch of said letter dated 4.8.2000 does not feature in the register. He further submits that the dispatch records also do not reflect that the allotment letter dated 25.3.2000 was dispatched to the petitioner. 4. Counsel for the petitioner states that the aforesaid fact only fortifies his case that the petitioner was never intimated about the cancellation of the allotment letter and therefore remained under the bona fide impression that he had been allotted a flat by the DDA and only the demand-cum-allotment letter was required to be issued to him. Thus, he did not apply under the SFS Scheme after the year 2000. 5. There is force in the aforesaid contention of the Counsel for the petitioner. Taking into consideration the fact that the respondent has not been able to produce any proof of dispatch of the cancellation letter dated 4.8.2000 to the petitioner, the petitioners plea for being considered for allotment under the NPRS, 1979 cannot be turned down. The stand of the petitioner that as he was unaware of the cancellation letter, he did not apply under the SFS Scheme after the year 2000, is also justified. 6. The stand of the petitioner that as he was unaware of the cancellation letter, he did not apply under the SFS Scheme after the year 2000, is also justified. 6. In these circumstances, the present writ petition is disposed of with directions to the respondent/DDA to consider the case of the petitioner for allotment of a flat under MIG category as per his original registration under the NPRS, 1979 and include his name in a tail end draw within a period of eight weeks from today. The petitioner shall be issued a demand-cum-allotment letter within four weeks therefrom. The writ petition is disposed of. Writ Petition disposed of.