W.P.(C) No.7489/2013 Page 1 of 9

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HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 7489/2013

Decided on : 19^th February, 2015

RAM DITTI & ANR

..... Petitioner

Through:

Mr. Saurabh Kansal, Advocate.

versus

DELHI DEVELOPMENT AUTHORITY & ORS

..... Respondents

Through:

Mr. M.K. Singh, Advocate for the DDA.

CORAM:

HON’BLE MR. JUSTICE V.K. SHALI

V.K. SHALI, J. (ORAL)

1. The

petitioners

by

virtue

of

which

they

have

sought

quashing/modification of the allotment-cum-demand letter dated

07.08.2013 whereby a sum of Rs.9,16,473.71 has been demanded from

them towards the cost of the flat bearing No.107, Ground Floor, Sector-

17, Block-B, Pocket 7, Rohini, Delhi.

2. Briefly stated that the facts of the case are that Sh.Krishan Lal

Bhatia, husband of the present petitioner No.1 and father of petitioner

2015:DHC:1593

W.P.(C) No.7489/2013 Page 2 of 9

No.2, had applied for allotment of a flat under New Pattern Registration

Scheme, 1979 (‘the said Scheme’ for short) of the DDA vide registration

No.24317. Sh.Krishan Lal Bhatia expired on 31.01.1988. It has been

averred in the petition that after many years from the date of death, the

petitioners while going through the papers came to know that Sh.Krishan

Lal Bhatia had booked a flat with the DDA, but there was no way in

which the aforesaid information could be traced.

3. It is alleged that in 2005-06, the Parliament passed Right to

Information Act, 2005 (‘the said Act’ for short) which made it possible

for the present appellant to apply to the concerned authorities for the

purpose of finding out the actual allotment of flat to Sh.Krishan Lal

Bhatia. On 21.02.2007, the petitioner No.2 filed an application under the

said Act with the DDA whereupon it was learnt by him that his father had

applied for registration of a flat under Registration No.24317.

4. Some time in March, 2007, the respondent No.1/DDA sent a reply

to the petitioners stating that Flat No.255, 1^st Floor, F-5, Sector 16,

Rohini, New Delhi – 110085 (referred to as ‘first flat’) was allotted

against the Registration No.24317 to one Sh.Krishan Lal Bhatia (striked

for the word Batra) on 29.01.2003 for a sum of Rs.1,32,100/-. It is stated

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W.P.(C) No.7489/2013 Page 3 of 9

that in response to the said RTI in the month of March, 2007 for the first

time, the petitioners learnt that Sh.Krishan Lal Bhatia had been allotted

Flat No.255, 1^st Floor, F-5, Sector 16, Rohini, New Delhi – 110085.

However, the said flat was thereafter cancelled. It has been alleged that

during the pendency of the present petition, the petitioners had filed an

appeal before the Central Information Commission against the

respondents who intimated to the petitioner that he has been allotted a

fresh Flat No.107, Ground Floor, Sector-17, Block-B, Pocket 7, Rohini,

Delhi (referred to as ‘second flat’) on the ground that the petitioners had

taken a plea that they were entitled to a flat under the wrong address

policy.

5. It may be pertinent to mention here that the respondent No.1 had

stated that due intimation with respect to allotment of Flat No.255, 1^st

Floor, F-5, Sector 16, Rohini, New Delhi – 110085 was given to

Sh.Krishan Lal Bhatia by speed post though the said letter does not seem

to have been received by him as it was alleged that the word ‘Bhatia’ had

been manually scored off and the word ‘Batra’ was written.

6. It was stated that because of the wrong address policy the said

allotment cum demand letter was not received by late Sh.Krishan Lal

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W.P.(C) No.7489/2013