The draw of lots for allotment of flats was conducted based on randomly assigned numbers, not application numbers, to prevent fraud and collusion.

PRADEEP NANDRAJOG, J.

( 1 ) THE petitioner has filed this writ petition contending that he was an applicant in a Scheme floated by Delhi Development Authority as festival housing Scheme, 2004 . The petitioner applied in the said Scheme on 23/12/2004 vide application form stated to be bearing no. 155002 and further deposited a sum of Rs. 1,00,000. 00 as Registration money. It is further contended by the petitioner that a letter dated 25. 1. 2005 was received by the petitioner from respondent No. 1 informing him that since the application number on the form submitted by the petitioner was not fully visible and computer was not accepting the said number, in order to avoid any complications the petitioner was being given a new computerized application number, being application No. 755002.

( 2 ) THE petitioner further contends that a draw of lots with respect to allotment of flats in the said Scheme was held on 28. 1. 2005, the results of which were published in the newspaper navbharat Times on 29. 1. 2005 in which the list of successful applicants (through their application numbers) was reflected. It has been contended by the petitioner that the number of the petitioner s application i. e. 155002 appeared in the said list. However, it is contended that on the website of the DDA where the said results were also published, the name of one Shri Amit Khanna was mentioned against the said application No. 155002 and the flat which was stated to be alloted in the draw of lots, bearing No. 138-A, Sector 18, Category-II, Rohini, Delhi was also shown to be allotted to respondent No. 4 (Amit Khanna) against the said application No. 155002. The petitioner contended that there was tampering with the results of the draw of lots resulting in depriving of the said allotted flat to the petitioner.

( 3 ) THE petitioner alleges collusion of the respondents officials in making allotment to another person and having given undue advantage to another person in wrongly changing the application number of the petitioner from 155002 to 755002. The petitioner further contends in the writ petition that the procedure for allotment under the said Scheme is as per the application numbers which are submitted by the applicants, which is stated to be evident from the newspapers which reflect the application numbers. The petitioner consequently prayed for a writ of mandamus directing the respondents to issue demand-cum-allotment letter to the petitioner against application number 155002 claiming to be a successful candidate under the said Scheme.

( 4 ) IN response to the said writ petition, Respondent-DDA filed its counter affidavit and the records pertaining to the matter were also produced in the court during the course of hearing. It is contended by the respondent that as per the practice and procedure prevalent in the DDA for the last several years for holding draw of lots, the requisite application obtained alongwith the brochure by an applicant, is submitted after filing the requisite particulars (including preferences of the choice of flats) along with the application fee with one of the designated banks indicated in the brochure.

( 5 ) IT is contended by the respondent that in the Scheme in question, considering the numbers of the flats which were offered in the scheme, the respondent had initially printed 20,000 forms along with the brochure. However, the said 20,000 forms were sold out just in 2 days, which resulted in the DDA printing additional 150000 forms during the period of the said Scheme. It is stated that as a result of the hurried printing of the additional forms, some of them did not contain clear application numbers and duplicacy also resulted in the printing of the application numbers.

( 6 ) IT is further contended by the Respondent that the application number of the application form submitted by the petitioner was not legible/visible and the records further showed that the application form number of respondent No. 4 shri Amit Khanna a

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