The delay in seeking redressal does not inhibit the claim, and the DDA is duty-bound to inform the allottee of the allotment at all available addresses in their record.

JUDGMENT :

1. In 1979, the Delhi Development Authority (hereinafter referred to as “the DDA”) announced a scheme [which came to be known as the “Rohini Residential Scheme” and is referred to, hereinafter, for the sake of convenience, as “the Scheme”], for allotment of flats to applicants, under the Janta, Low Income Group (LIG) and Middle Income Group (MIG) categories. The petitioner applied for allotment of an MIG flat, under the said scheme, and was registered vide the Registration No. 23995. At the time of registration under the said scheme, the petitioner provided his residential address as Flat No.13, Block No. 64, CPWD, Quarters, M.B.Road, Malviya Nagar Extension-110017, where he happened to be residing at that time.

2. It appears that, in 1982, the petitioner shifted to Sector-12, Flat No 884, R.K.Puram, New Delhi-110022 (hereinafter referred to as “the RK Puram address”). An intimation, to this effect, is averred to have been submitted at the Receipt & Dispatch counter of the DDA, vide letter dated 17th May, 1982, which requested that the necessary changes be recorded, in respect of the registration of the petitioner under the Registration Scheme and that all his future correspondence in that regard, be sent to his new address.

3. The petitioner shifted residence, yet again, in 1995, to Flat No. 10-H, CPWD Flats, Vasant Vihar, New Delhi-110057 (hereinafter referred to as “the Vasant Vihar address”), and duly intimated the DDA, of the said shift of residence, vide letter dated 24th January, 1995, which was, for all intents and purposes, similar to the letter dated 17th May, 1982 (supra).

4. Draw of lots, for allotment of flats, under the aforementioned residential scheme, took place in July, 1997. The petitioner was allotted Flat No.32, Pocket-B/2, Sector-18, Rohini, Delhi. The allotment-cum-demand letter in respect thereof, was sent by the DDA, however, to the address of the petitioner at the R.K. Puram address.

5. As a result, the writ petition avers, the petitioner never received the said letter, and never came to know of the issuance thereof.

6. In September, 2007, the petitioner, consequent to his voluntary retirement from service, proceeded to Canada to stay with his children, who were permanently settled there.

7. On 18th March, 2011, the Government of India issued, to the petitioner, an Overseas Citizen of Indian (OCI) Card w.e.f. 18th March, 2011, entitling the petitioner, thereby, to own and hold property in India.

8. The petitioner visited India, thereafter, in February, 2012, whereupon he claims to have come to know that flats have been allotted to the applicants under the Scheme. On accessing the website of the DDA, the petitioner avers that he learnt, to his chagrin, that the status of allotment of the flat, to him, was reflected as “cancelled”.

9. Reference may be made, here, to the Office Order, dated 25th February, 2005, issued by the Housing Department of the DDA, relating to the case in which letter was issued at the wrong address of the allottee of the Flat. The said circular merits reproduction, in extenso, as under:

“ The Delhi High Court vide its order dated 16.12.2004, in W.P.(C) No. 19095/2004 and in other 15 Writ Petitions, has decided issues relating to issuance of demand letter at wrong address and missing priority cases of DDA flats. In view of the directions/orders of the High Court, Office Order No. F.2(10)/2002/Coord.(H)/148, dated 21.11.2002 is hereby amended as under:-

1. In cases, wherein change of address was intimated by the registrant but erroneously not recorded by DDA and thereby demand letters were sent at wrong/old address and the allottee approaches DDA within a period of four years from the date of allotment, he/she shall be allotted flat at the old cost, prevalent at the time when the priority of allottee matured and the allotment letter issued, and no interest will be charged. The allotment will be made at the cost subject to following:-

(a) He should approach DDA within a period four y