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MANMEET PRITAM SINGH ARORA, J (Oral):

1. The present petition has been filed assailing the letter dated 28.02.2014 ('impugned letter'), bearing number F40(5)/78LAB(H)/46/395, issued by the Respondent, Delhi Development Authority ('DDA'), as well as seeking a direction to the Respondent, DDA, to mutate the property bearing MIG Flat No. 152, RPS Sheikh Sarai, Phase-1, New Delhi ('the subject property'), in the name of the Petitioner.

2.1. He states that Sh. Ascharj Lal, during his lifetime had executed a Will dated 28.01.1984, which was duly registered before the concerned Sub- Registrar. He states that as per the said Will, Sh. Aschraj Lal bequeathed the subject property in the name of the Petitioner herein to the exclusion of all other legal heirs. He states that after the death of Sh. Aschraj Lal, the Petitioner herein, relying upon the registered Will, approached the Respondent, DDA, for mutation of the subject property in his name. He states that the Petitioner also filed the No Objection Certificates ('NOC') of each of the other legal heirs, all dated 23.03.2010, before the DDA. The said NOCs have also been placed on record in the present writ petition as Annexure P-8 (Colly.).

8. This Court also takes judicial notice of the 'Handbook on Mutation of DDA Flats', a policy document, issued by the Vigilance Department of the Respondent, DDA, wherein in respect of a registered Will, DDA accepts and acts upon the registered Will of the recorded owner and carries out mutation in favour of the of the beneficiary of the Will. Further, in respect of the unregistered Will, the DDA insists upon the NOC from the other legal heirs as a precaution.

12. This Court is of the considered opinion that in view of the Letters of Administration granted by the Trial Court as well as NOCs issued by all the legal heirs, the impugned letter dated 28.02.2014 and letter dated 06.01.2012, issued by Respondent, DDA, are illegal, untenable and hence, quashed.

13. The Respondent, DDA, is directed to mutate the DDA Flat i.e. MIG Flat No. 152, RPS Sheikh Sarai, Phase-1, New Delhi in the name of the Petitioner within a period of four weeks.