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DELHI HIGH COURT
S.MURALIDHAR
Bhupinder Singh Vohra – Appellant
Versus
Delhi Development Authority – Respondent
ORDER
1. The Petitioner's father Shri Budh Singh got registered for the allotment of an MIG flat under the New Pattern Registration Scheme, 1979 (`NPRS, 1979') with the Respondent, Delhi Development Authority (`DDA'), on 26th September, 1979. He gave his residential address as 10389, Pirki Bagichi, Subzi Mandi, Delhi and his occupational address as Girdhar Plastic Works, D-52, Hari Nagar, Clock Tower, New Delhi. Through a computerised draw of lots held on 31st January, 2003, Shri Budh Singh was allotted Flat No. 90, Ground Floor, Jahangir Puri (hereinafter `the flat in question'). A demand-cum-allotment letter (`DAL') with block dates of 21st to 25th April, 2003 was sent to him first at the residential address. This was returned undelivered to the DDA with postal remarks `left without address'. Thereafter, the DAL was sent to his occupational address. It was returned unserved with the postal remarks `intimation issue and unclaimed'. Thereafter, the allotment was cancelled by an order dated 22nd August, 2003. However, no cancellation letter was issued.
2. On 23rd January, 2009 the Petitioner intimated the DDA about the death of his father on 4th February, 1998. He mentioned that
Entitlement to an MIG flat as per the prevailing policy at the time of the order, and the unacceptability of delay in allotment and issuance of the demand-cum-allotment letter based on a later circul....
Failure to adhere to mandatory payment schedules in housing scheme allotments, particularly involving a delay of over three years, constitutes a valid ground for automatic cancellation under contract....
The non-inclusion of a registrant in the allotment draw due to administrative errors must be rectified; however, claims can be barred by unexplained delays.
The court emphasized the importance of timely action and found the petitioner's case to be barred by laches, leading to the dismissal of the petition.
Timely action against administrative decisions is essential, as courts cannot condone delays after significant lapses, particularly when property rights have transferred.
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