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IN THE HIGH COURT OF DELHI
Anu Malhotra, J.
Bimla Devi Churiwal - Appellant
Versus
Delhi Development Authority - Respondent
W.P.(C) 3624 of 2013
Decided On : 17-11-2022




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.

Headnote:(A) Delhi Development Authority's regulations - Jurisdiction of the High Court to review administrative decisions - The petitioner challenged the rejection of her eligibility for allotment of land plots under the Rohini Residential Scheme due to alleged non-supply of an income certificate regarding her income for the year 1981. The petitioner argued that her registration was valid and sought directions for plot allotment. The DDA maintained that the registration was cancelled due to her failure to provide the necessary documentation. (Paras 1-28)

(B) Administrative Discretion - Legal principles regarding the duty of DDA to include names in allotment draws - It was concluded that the DDA's failure to include the petitioner constituted a violation of her rights, but the court found that her application was barred by delay due to her previous non-responsiveness. The court acknowledged the existence of policies favoring missing priority registrants while maintaining that the specific case fell outside these policies due to established procedural failings. (Paras 10-28)

Facts of the case:
The petitioner applied for an LIG plot in 1981 but was denied due to alleged non-provision of an income certificate. Over time, multiple changes in procedures and policies by the DDA created a complex history of her application, leading to a draw in which her name was not included.

Findings of Court:
The court recognized the DDA's shortcomings but ultimately ruled that the petitioner's legal recourse was barred by her unexplained delay in filing the petition.

Issues: The main issue was whether the petitioner had a legitimate claim for plot allotment and the validity of her registration status.

Ratio Decidendi: The court found that despite the DDA's failure in handling her application, the petitioner's prolonged inaction rendered her claims untenable.

Result: Petition dismissed; refund of earnest money to be processed.

Table of Content
1. petitioner's application for an lig plot. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. claims regarding wrongful cancellation and discrimination. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
3. respondent's arguments against the petitioner's claims. (Para 17 , 20 , 21 , 22 , 23 , 24 , 25)
4. court's observations on the merits of the claims. (Para 18 , 19 , 26 , 27)
5. dismissal of the petition but arrangement for refund. (Para 28 , 29)

JUDGMENT

Anu Malhotra, J.

1. The petitioner vide the present petition seeks the quashing of the correspondence dated 16.11.2012 along with the letters referred therein vide which the petitioner was held ineligible for allotment under the scheme of consideration as per her seniority on the alleged ground of non supply of the income tax certificate in 1981 which the petitioner submits is false and seeks directions to the respondent the Delhi Development Authority (DDA) to allot an alternative LIG plot to her in sector 36 or 37 Rohini at the cost prevalent in the year 2012, when her priority matured, but was not included in the draw held on 12.6.2012 and thus missed consideration by the respondent.

2. The petitioner has submitted that in the year 1981 the Respondent DDA launched a scheme known as the Rohini Residential Scheme for the EWS Janta, LIG and MIG category plots of land and that the petitioner applied vide application No. 45461 dated 26.03.1981 to book an LIG plot admeasuring 32 square meters for herself after depositing Rs.2000/- towards registration charges vide receipt No. 15202 dated 26.03.1981. The petitioner has submitted the copy of the receipt dated 26.03.1981 issued by the DDA of the deposit of the sum of Rs.2000/- by the applicant/petitioner under the Rohini LIG Scheme vide applicant No. 45461.

3. The petitioner has submitted further that initially the respondent adopted the methodology of including the names of all registrants of a particular category in a draw of lots as and when plots of that category were ready for allotment and whosoever was successful, would get the plot in his name but there being a large number of applicants but due to administrative problems in the year 1986 the DDA decided to allot priority numbers to the pending registrants and took, out a computerized draw of all pending registrants and at seriatim culled out names with reference to the registration number and assigned a priority number to each registrant and the applicant herein i.e. the petitioner was assigned priority No. 15452 by the DDA for the purpose of allotment and as and when the plots as per this methodology were ready and available for allotment the corresponding number of registrants in terms of their priority, were included in the draw of lots and plots were allotted.

4. The petitioner submitted that each time she visited the office of the DDA to enquire about the status of her allotment, she was returned back with the reply that her priority had not matured and that she thus waited patiently knowing that it would take time for her priority to mature. The petitioner submits that in the interregnum she changed her residential address to BH-45, Salt Lake City, Near Tank No.7, Kolkatta- 700 091 and intimated the same to the respondent DDA vide a letter dated 9.12.2004 and along with the same submitted a copy of the ration card and FDR and an acknowledgement receipt dated 9.12.2004 was also issued by the DDA.

5. The petitioner submits that sometime in the year 2012 when she came to Delhi she visited the office of the respondent DDA and enquired about the status of her priority and to her shock and dismay she learnt that `priorities' immediately before her and after her had been allotted a plot in a draw held on 12.06.2012 but that the DDA had missed the consideration of the petitioner's name in the said draw due to its own fault and whimsical reasons. The petitioner has placed on record a copy of the details of allotment made by the respondent vide draw dated 12.6.2012 as

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