Shyam Sunder Sethi vs Delhi Development Authority & Anr on 27 May, 2022

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Delhi High Court - Orders

Shyam Sunder Sethi vs Delhi Development Authority & Anr on 27 May, 2022

Bench: Subramonium Prasad

                             $~48
                             *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +      W.P.(C) 8489/2022
                                    SHYAM SUNDER SETHI                                       ..... Petitioner
                                                        Through:     Ms. Sonia A Menon,              Mr.Rohit
                                                                     Taneja, Advocates

                                                        versus

                                    DELHI DEVELOPMENT AUTHORITY & ANR                     .... Respondents
                                                        Through:     Mr. Arun Birabal, Standing Counsel
                                                                     for DDA

                                    CORAM:
                                    HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                                  ORDER

% 27.05.2022 CM APPLs. 25562-63/2022 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 8489/2022

1. This writ petition has been filed with the following prayers:-

"a) Issue a demand cum allotment letter for the allotted plot bearing no. Plot No. 1095, Block C-4, Sector-34, Rohini, New Delhi in a time bound manner;

b) Issue an appropriate writ, order or direction to the Respondents to conclude the process of handing over the possession and execution of the transfer documents in a time bound manner."

2. It is the case of the Petitioner that he was an applicant under the Housing New Registration Scheme, 1976 of the DDA for allotment under Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA W.P.(C) 8489/2022 Page 1 of 3 Signing Date:31.05.2022 12:03:18 the MIG category. It is stated that the Petitioner deposited a sum of Rs.7,500/- way back in the year 1976 and was issued FDR for the said amount, along with Registration Certificate No.6515 on 11.05.1976 against receipt No.8543.

3. It is stated that the DDA had announced Rohini Residential Scheme, 1981 and it had been advertised that the persons who were registered with the DDA under the Housing New Registration Scheme, 1976 were permitted to get their registration transferred to Rohini Residential Scheme, 1981.

4. It is stated that the Petitioner was given registration receipt No. A/751/81 dated 20.04.1981 for his application No.243480 under the MIG category.

5. It is stated that in the year 1991, the Petitioner requested for cancellation of his registration and refund of money on the ground that the Petitioner had waited for 10 years since the conversion of Housing New Registration Scheme, 1976 into Rohini Residential Scheme, 1981, but no allotment had been made to him.

6. Frustrated by the non-allotment of the flat, the Petitioner moved an application in the year 2004 stating that as his request for cancellation had not been acceded to, and the money for allotment that had been deposited by the Petitioner had been lying with the DDA since 1976, the case of the Petitioner should be considered for allotment under the MIG category of Rohini Residential Scheme, 1981. The Petitioner, therefore, withdrew his consent for cancellation.

7. It is stated that the Respondent/DDA held a draw of lots in the year 2012 and the Petitioner was found eligible for allotment of a 60 sq. metre plot bearing Plot No.1095, Block C-4, Sector-34, Rohini.

Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA W.P.(C) 8489/2022 Page 2 of 3 Signing Date:31.05.2022 12:03:18

8. It is stated that more than nine years have passed and the Petitioner has not been issued the demand-cum-allotment letter since 2012. Furthermore, the Petitioner has given a number of representations to the DDA, but no action has been taken by the DDA on the same.

9. Issue notice.

10. Mr. Arun Birbal, learned Standing Counsel for the DDA, accepts notice. The DDA is yet to consider the representation of the Petitioner.

11. Let this instant writ petition be treated as a representation for issuance of demand-cum-allotment letter in favour of the Petitioner. Let the same be considered within a period of ten weeks from today.

12. The petition is disposed of with the above observations. Pending application(s), if any, stand disposed of.

SUBRAMONIUM PRASAD, J MAY 27, 2022 hsk Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA W.P.(C) 8489/2022 Page 3 of 3 Signing Date:31.05.2022 12:03:18

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Delhi High Court - Orders