$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 30.03.2026 + LPA 175/2026, CM APPL. 19900/2026 & CM APPL. 19901/2026 KAMLESH .....Appellant Through: Mr.S.C.Singhal&Mr.ParthMahajan, Advocates (through VC).

Versus DELHI DEVELOPMENT AUTHORITY .....Respondent Through: Ms. Shobhana Takiar- Standing Counsel along with Mr. Kuljeet Singh & Mr. Razia, Advocates.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA TEJAS KARIA, J. (ORAL)

1. The present Letters Patent Appeal is filed against the Order dated 04.02.2026 (“Impugned Order”) in W.P. (C) 3176/2021 (“Writ Petition”), whereby the Writ Petition filed by the Appellant seeking allotment of the plot by the Respondent was dismissed.

2. It is the case of the Appellant that the Appellant is the widow of Late Shri Sadhu Singh, who had applied for allotment of a plot of land in the year 1983 by the Respondent under EWS category. Late Shri Sadhu Singh passed awayon29.06.1996.Afterhisdeath,theAppellantmigratedtoUKintheyear

2000.

3. The Appellant has contended that the Appellant became aware of the allotment of Plot No. 1219 in Sector-34, Pocket C-6, Rohini (“Plot”) by the Respondent in favour of Late Shri Sandhu Singh in August 2019, when she was contacted by local property dealer enquiring for purchasing the Plot.

Accordingly, the Appellant sent a letter dated 02.09.2019 to the Respondent under Right to Information Act, 2005. Subsequently, the Appellant sent a Legal Notice dated 04.09.2019. As no response was received from the Respondent, the Appellant filed the Writ Petition on 10.06.2020.

4. DuringthependencyoftheWritPetition,theRespondentinformedthat the draw of lots for the Plot took place on 06.12.2012 and demand-cum- allotment letter dated 26.11.2014 (“Demand-cum-Allotment Letter”) was sent to the address of Late Shri Sadhu Singh, at RZ-21, Vishnu Garden No. 2, New Delhi,whichwas mentioned in the application form.However,the same was received unserved.

5. It is the case of the Appellant that the address at which the Demand- cum-Allotment Letter was sent, was sold by Late Shri Sadhu Singh in 1990 and it cannot be expected that a person would stay at a particular address for 30 years. In any event, Late Shri Sadhu Singh died in the year 1996 and the Appellant was not aware about the registration for the allotment of Plot with the Respondent, which she came to know only through the property dealers in August 2019.

6. The Respondent has contended that Late Shri Sadhu Singh never intimated about any change in address and even the information about his death was never communicated to the Respondent by his legal heirs. It was also submitted on behalf of the Respondent that there has been delay and latches of more than 25 years by the Appellant.

7. The Impugned Order has observed that the Demand-cum-Allotment Letter sent by the Respondent to the last known address available on record with the Respondent was justified as the Respondent was not required to conduct an enquiry as to the status of the allottee to find out the new address and send the Demand-cum-Allotment Letter to the correct address of the allottee. It is further held that it was the obligation of the allottee to communicate to the Respondent, if there was any change in address. It is also recorded that after applying for the Plot, Late Shri Sadhu Singh as well as the Appellant did not take any effort whatsoever to contact the Respondent or seek the status of allotment.

8. As per the affidavit dated 29.07.2021 filed on behalf of the Respondent before the learned Single Judge in the Writ Petition, it is stated that the Demand-cum-Allotment Letter was issued by the Respondent, wherein it was intimated about the deposit of premium in respect of the Plot. It is also stated that the Demand-cum-Allotment Letter was dispatched to the last known address of Late Shri Sadhu Singh through speed post, however, the same was not delivered.

9. In view of the above, the learned Single Judge in the Impugned Order has held that