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2009 DIGILAW 360 (DEL)

PRITPAL KAUR v. D. D. A.

2009-04-02

HIMA KOHLI

body2009
ORDER 1. The present writ petition is filed by the petitioner praying inter alia for a writ of mandamus to be issued to the respondent DDA directing it to allot a MIG flat to the petitioner under the New Pattern Registration Scheme, 1979 (in short the NPRS-1979). 2. Counsel for the petitioner submits that the husband of the petitioner was a registrant under the NPRS-1979. He expired on 5.10.1988. An intimation of his demise was conveyed to the respondent on 16.9.1989. In the meantime, on 5.3.1989, the registrant was allotted a flat bearing No. 438, Pocket-B, Second Floor, East Loni Road, Delhi. All the payments were made to the respondent in respect of the aforesaid flat by 31.8.1989. 3. On 14.3.1990, the respondent DDA intimated the wife of the deceased registrant, petitioner herein, that the allotment had been cancelled due to non-submission of certain documents. The petitioner explained to the respondent that as her husband had expired prior to the allotment and her two sons, who while serving as Pilots in the Indian Air Force, had lost their lives in an air crash, she was not in a position to submit the documents within the time granted. The petitioner sought to explain the delay to the respondent, but having failed to elicit any positive response from it, the present writ petition came to be filed. 4. Counsel for the respondent states at the outset that the case of the petitioner was examined by the competent authority during the pendency of the present writ petition and she has now been allotted an MIG flat bearing No. 1085, Second Floor, Pocket B, East Loni Road, Delhi, through a computerized draw of lots held on 11.11.2008. It is further stated that the cost of the flat is being worked out, where after a demand-cum-allotment letter shall be issued to the petitioner. It is also not denied by the respondent that the petitioner had deposited the initial amount of Rs. 29,830/ - on 31.8.1989 within the stipulated time period and she had requested the respondent DDA that as her husband had expired, she may be granted some further time to furnish the necessary documents for transfer of allotment in her name. The respondent DDA has stated in the counter affidavit that due to some miscommunication, the allotment was cancelled on 13.12.1989, where after the petitioner was informed of the cancellation, vide letter dated 14.3.1990. The respondent DDA has stated in the counter affidavit that due to some miscommunication, the allotment was cancelled on 13.12.1989, where after the petitioner was informed of the cancellation, vide letter dated 14.3.1990. 5. In view of the aforesaid position, the writ petition is disposed of with directions to the respondent DDA to issue a demand-cum-allotment letter to the petitioner at the cost as was prevalent at the time of the original allotment, within a period of four weeks from today. Thereafter, the petitioner shall complete all the requisite formalities including payment of any outstanding amount, within the stipulated time, hereafter the flat in question shall be allotted to the petitioner within four weeks there from. 6. The writ petition is disposed of along with the pending application. No orders as to costs. Writ Petition & Application disposed of.