* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment reserved on : 17.05.2013
Judgment pronounced on : 20.05.2013
+ W.P(C) No. 1008/2012 & CM 2218/2012
S.C KOHLI ..... Petitioner
Through Mr. Rajat Aneja and Mr. Ishaan
DELHI DEVELOPMENT AUTHORITY ..... Respondent
Through Mr. Arun Birbal, Adv. for DDA
HON'BLE MR. JUSTICE V.K. JAIN
V.K. JAIN, J.
1. The petitioner got registered for allotment of a flat under the New
Pattern Housing Registration Scheme-1979 (NPRS-1979) of the DDA.
On the turn of the petitioner maturing, the flat bearing number 383, Block
M-3, Pocket-I, Sector A-9, Narela came to be allotted to the petitioner in
a draw of lot held on 31.12.2003 and a demand-cum-allotment letter
dated 24.3.2003/31.3.2003 was issued to him at the address A-127,
Shankar Garden, Vikas Puri, New Delhi, which was the address disclosed
by the petitioner in the registration application. The case of the petitioner
is that the said letter was not received by him, whereas the case of the
respondent-DDA is that the letter was sent through speed post, was duly
received by the petitioner and the acknowledgment signed by the
petitioner was also received by them from the post office.
W.P(C)No.1008/2012 Page 1 of 10
2. W.P(C) No.2376/2006 was filed by the petitioner alleging therein
that the said demand-cum-allotment letter had not been received by him.
He sought direction to DDA to allot a house to him against his
registration. The said petition came to be decided vide order dated
28.2.2006 and to the extent it is relevant, the said order reads as under:
"7. Record of DDA shows that the letter which was sent
to the petitioner by registered post was not received back
by DDA i.e. it did not come back unserved.
8. It is obvious that the petitioner has lost entitlement as
he did not pay.
9. Learned counsel for the petitioner states that the
petitioner did not receive the demand-cum-allotment
10. However, what is relevant is that DDA posted the
letter at the correct address and the said letter has not
been received back unserved. There is a presumption of
11. But one fact weighs with me. Petitioner has waited
for a flat since 1979. DDA is allotting flats at the tail end
priority. There may be a possibility that after all the
claims are satisfied, a flat may be available for allotment
to the petitioner. If a flat is available, Vice Chairman,
DDA may consider allotting the same to the petitioner
provided petitioner pays the current cost when flat is
allotted to him.
12. Writ petition stands disposed of directing that if the
petitioner were to make a representation to the Vice
Chairman, DDA within 4 weeks from today expressing
his willingness to pay at the current cost for a flat if one
is allotted to him, current cost being as on date of
allotment, Vice Chairman, DDA would consider the
representation and if after satisfying the claim of all
the registrants, a flat remains unallotted to anyone, would