New Delhi:
Holding DDA responsible for dispatching an allotment letter at a wrong address leading to cancellation of a MIG flat in favour of an allottee, the Delhi High Court has directed the civic agency to hold a fresh "mini draw".
Asking DDA to hold a "mini draw" of lots within a period of three months, wherein the name of the petitioner (Sanmukh Singh) shall be included for allotment of a flat in the MIG category at the old costs, Justice Hima Kohli said, "The fault lies at the door of the DDA, who still proceeded to wrongly register Singh's address, and thereafter dispatched letters at the wrong address".
The court order came on Singh's plea seeking direction to the civic agency to allot him MIG flat under the New Pattern Registration Scheme, 1979, in lieu of cancellation of allotment of a MIG flat made in his favour in the draw of lots held in the year 2002.
Singh contended that as per the 1979 scheme, he had applied for the flat and got himself registered for an allotment of a MIG flat for which he got the registration number also.
"At the time of registration, the residential address given by the petitioner was "House No 19-H, Arjun Nagar, Near Green Park, New Delhi-16". The same address also reflects from the 1979, deposit receipt, issued by the DDA," said Singh's counsel, adding that accordingly Singh name figured in the DDA 2002 draw, for which he was allotted a flat at Dwarka Phase-I.
The petitioner further said that a demand-cum-allotment letter in his favour was sent at the wrong address as a result of which he never received the same and remained unaware of the allotment made in his favour.
"In the meantime, the DDA cancelled the allotment made in favour of the petitioner due to his non-response," said the counsel.
"Only in year 2010, Singh came to know that all the registrants under 1979 scheme had been allotted flats and the relevant information in that regard was available on DDA website. Upon accessing the website, Singh was surprised to note that his address was wrong.
In October 2010, Singh made a representation to the DDA pointing out that the demand-cum-allotment letter was dispatched at wrong address, so DDA should allot an alternative flat, which was declined by the civic agency.
The court, meanwhile, has noted that as the letter was dispatched at the wrong address, Singh could not deposit the initial payment.
Holding that the petitioner is entitled for an alternate allotment of a flat, Justice Kholi said, "Demand letters were sent at a wrong address and the allottee approaches DDA within a period of four years from the date of allotment, he shall be allotted a flat at the old cost, prevalent at the time when the priority of the allottee matured and no interest would be charged".
The court also noted that the deposit receipt, issued by the department reflected his correct address and the DAD should have ensured that all the correspondence which emanated from its office was forwarded at the said address.