Court tells DDA to give flat to man waiting for 30 years (Lead)
October 4th, 2011 - 8:34 pm ICT by IANSNew Delhi, Oct 4 (IANS) The Delhi High Court has directed the Delhi Development Authority to allot a flat within eight weeks to a man who has been waiting for it for the last over 30 years.
The court was Monday hearing a petition filed by Subodh Kumar, who applied for a flat in 1979.
In 1986, he was allotted a flat at Nand Nagri in east Delhi but he did not take it and paid the cancellation charges, hoping that he would be considered for future flat allotment draws. But the housing agency failed to do so, the petition said.
Justice Rajiv Sahai Endlaw said: “The DDA owed a duty to the petitioner to make an allotment to the petitioner after accepting the cancellation charges from the petitioner in the year 1986 and having not done so, is liable to allot the flat for which the petitioner has waited for the last over 30 years.”
“The DDA is directed to within eight weeks from today (Monday) process the case of the petitioner for allotment in accordance with law and as per the policy and treating the priority number of the petitioner to be still in existence,” Justice Endlaw said.
“It is not in dispute that as per the then policy of the DDA, the name of the petitioner was to be again put at the tail end (of the list of flat applicants) for consideration afresh for allotment,” said the court.
“It is the case of the petitioner that he was not made to participate in any draw held thereafter and no allotment was made to him,” said the court.
After the representations of the petitioner to the DDA for allotment met with no success, the present petition was filed for direction to the housing agency for allotment of the flat at the rates prevalent at the time of registration.
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Tags: allotment, cancellation charges, delhi development authority, delhi high court, east delhi, existence, housing agency, New Delhi, petition, petitioner, priority number, rajiv, representations, sahai