JUDGMENT

Jasmeet Singh, J. - In a State like Delhi, majority of Delhites have one dream i.e. to own a property in their name. It is not easy for the middle and lower income groups to own a property in Delhi and Delhi Development Authority ("DDA") from time to time comes out with schemes of fulfilling this dream of owning a property. One such scheme was the New Pattern Registration Scheme -1979 wherein the DDA floated flats for middle income group, lower income group and Janta category.

2. This is a writ petition filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-

"a) issue an appropriate Writ/Order or Direction in the nature of mandamus to the DDA to issue a allotment letter to the petitioner of Flat No. 180, First Floor, Pocket No. 13, Sector No. 22, Rohini, Delhi or any other Flat allotted to the Petitioner against receipt of allotment price and to deliver possession thereof and to complete all other necessary formalities in that behalf; and

THE FACTUAL BACKGROUND

3. The respondent no. 1 is the DDA and respondent no. 2 is the Director (Housing). Both the parties are collectively referred to as DDA.

4. The DDA floated a scheme called "New Pattern Registration Scheme-1979" ("NPRS Scheme") which was formulated with the object to reduce the sale price of Middle Income Group (MIG), Lower Income Group (LIG)and Janta Flats so as to be within the reach of common man. The NPRS Scheme was open for the period from 01.09.1979 to 30.09.1979.

5. Under the NPRS Scheme, a person was eligible if he or she did not own any residential house or plot in full or in part on leasehold or freehold basis in the name of his/her wife/husband or any of his/her minor and/or dependent children or dependent parents or dependent minor sisters and brothers.

6. Further, a person who was eligible, was required to make registration deposit and the allotment of flats was to be by way of draw of lots and all the applicants registering were to have equal seniority. As per the NPRS Scheme, the deposit made by an applicant was to carry interests at the rate of 7 per cent per annum.

7. The petitioner being eligible under the aforesaid NPRS Scheme, deposited a sum of Rs. 1500/- vide Challan No. 015242 dated 03.10.1979 for LIG flat which was duly acknowledge by the DDA by issuing acknowledgement. Deposit receipt bearing No. 114369 Book No. 1144 dated 03.10.1979 was also issued in favor of the petitioner.

8. A certificate of registration bearing No. 57760 dated 08.07.1980 was issued by the DDA to the petitioner expressly providing the registration of the petitioner at Serial No. 57760 under the said NPRS Scheme in the category of intending purchasers of flat/house under the LIG category. The petitioners addresses mentioned in the certificate of registration are:-

i. IE/67, NIT, Faridabad (address 1)

ii. E-307, East of Kailash, New Delhi (address 2)

9. The petitioner vide letter dated 15.05.1982 addressed to the DDA informed the new address i.e. A-38, Group Industrial Area, Wazirpur, Delhi-110052 (address 3) for further communication. Thereafter, the petitioner wrote another letter dated 04.10.1988 to the DDA informing the new address i.e. Shop no.9. New Cloth market, Hisar, Haryana (address 4) for further communication. Lastly, the petitioner wrote a letter dated 30.10.2010 to the DDA giving new address i.e. Pandit Ramphool Singh Ghar, Railway Road Rohtak, Haryana (address 5) for communication.

10. On 07.10.2013, when the petitioner visited the office of the DDA to communicate the change of his address, he also made request to the Director of DDA personally that the petitioner was still awaiting allotment of flat despite expiry of 34 years.

11. The Director of the DDA called the concerned staff to bring the relevant file, however, the file was said to be untraceable but the concerned staff came up with a register and upon perusal of the same, it was found that the petitioner was allotted Flat No. 180, First Floor, Pocket 13, Sector No