Cancellation of allotment without proper documentation or consideration of the claimant's history violates principles of natural justice and constitutes a deprivation of vested rights.

JUDGMENT :

MANOJ JAIN, J.

1. Petitioner impugns order dated 21.10.2010 passed by Delhi Development Authority whereby allotment of shop situated at Mangol Puri Industrial Area, which had been allotted to him on 16.04.1985, has been revoked.

2. Petitioner was, earlier, running his business of hardware under the name of style of M/s L.D. Hardware Store.

3. He was doing his such business from a shop bearing no. 16-B situated at Zakhira Chowk, Near Railway Bridge, Delhi.

4. After the unfortunate assassination of the then Prime Minister Smt. Indira Gandhi in the year 1984, widespread riots took place in the capital- city and in the carnage known as "1984 riots" various residences, shops and other premises were burnt.

5. Admittedly, various such shops situated in Zakhira area also bore the brunt of mob-fury and were gutted.

6. Petitioner filed a complaint with local Police Station about the fact that his workshop had been completely burnt in the riots and various articles were either intentionally removed or were missing. He, therefore, prayed that the matter may be investigated.

7. Petitioner also got himself registered for grant of assistance with the concerned Relief Commissioner, Delhi.

8. According to petitioner, Delhi Development Authority (DDA) floated a scheme for the rehabilitation of the victims of "1984 riots." He was, eventually, allotted alternate plot of land measuring 20 square metres approximately, bearing no. 253, Block BC, Mangol Puri Phase-II Industrial Area, Delhi at a total cost of Rs. 12,000/- on perpetual leasehold basis, in lieu of his aforesaid burnt shop.

9. Such allotment was made by DDA in his favour on 16.04.1985.

10. The communication, in this regard, clearly recorded that DDA had decided to allot the aforesaid alternate plot of Mangol Puri in lieu of Zakhira shop and he was directed to deposit the amount as mentioned in the aforesaid communication. He was also asked to submit copies of challans of payment, undertaking and following documents:-

i. Attested and certified to be true copy of partnership deed as on the date of application for allotment and as at present (each and every page including reverse page.)

ii. Attested and certified to be true copy of dissolution deeds, if and (each and every page including reverse page.)

iii. Affidavit to the effect that there is no change in the constitution of the firm since the date of application for allotment or since.

11. It is not in dispute that pursuant to the aforesaid allotment, petitioner had made requisite payment and also submitted requisite affidavits and undertaking. He also submitted other documents including copy of ration card, indemnity bond etc.

12. However, in the year 1989, he received a communication from DDA that since he had not submitted the documentary proof of old site at Zakhira, the allotment made in his favour has been withdrawn.

13. The petitioner made representation to the Additional Commissioner (Lands) claiming that the allotment has been cancelled in an unjustifiable manner and also sent copies of letters sent to him by his bank at his old site of Zakhira, receipt of membership fee issued by the local traders' association and also letter received by him from his father at Zakhira address. DDA asked him to indicate hi