Alexander Haq vs Delhi Development Authority on 29 February, 2016
3. In reply to the suit, DDA has filed a written statement claiming
that plaintiff is not the original allottee of the suit property and therefore,
has no locus standi to file the suit against DDA. DDA has denied that the
plaintiff is the lawful owner of the flat, but has admitted that he is in
possession of the same. Further, it has been stated that the suit property
was allotted to Sh. Mohd. Ibrahim Khan by issuance of demandcum
allotment letter dated 24.04.1990 / 03.05.1990 for which a possession
letter was issued in his name on 31.08.1990. It is claimed that possession
was taken over at site, but it was later on revealed that the possession of
the flat was taken over by some other person and not the actual allotee. It
is claimed that this fact was brought to the notice of DDA by letter dated
07.08.1991, written by Sh. Mohd. Ibrahim Khan. It has been claimed that
an FIR has been lodged with SHO, PS Dabri on 21.01.1992 and the
Suit No. 634/14 Alexander Haq Vs DDA
Page No. 4 of 12
matter is under investigation. It has also been stated that DDA has also
written to the Deputy Commissioner of Police, (West) Tilak Nagar,
Delhi on 22.03.1993 for taking action in this case. It is alleged that all
the documents of the case have been sent to SHO, PS Kotla Mubarak
Pur, but the investigation has not been concluded and therefore, a press
notification was issued for taking back possession of the flat. It is
claimed that the press notification was issued in order to grant an
opportunity to the occupant of the flat to present his case before
possession could be resumed by DDA. However, it is claimed that since
the plaintiff has no right, title or interest in the flat as he is not the
original allottee, hence, his suit is liable to be dismissed.