Delhi man to get DDA flat 45 years after he applied for it

A single-judge bench of Justice Jasmeet Singh, in its order, directed the authority to allot the flat at the prevalent rates on the date of allotment — March 29, 1996 — within four weeks.

Observing that in a city like Delhi, its residents have “one dream i.e. to own a property in their name”, the court rejected DDA’s argument that the petitioner’s main file is not traceable in their records and hence it is unable to say on which date the demand cum allotment letter was issued to him.

It further said, “DDA is an instrumentality of state and is required to act fairly, bonafidely, and in accordance with law. The actions of the DDA as noted above are malafide and arbitrary to the petitioner who has been in legitimate hope of getting a flat. The total silence on the material particulars by the DDA clearly shows the misconduct on behalf of DDA.”

Under the NPR scheme, a person was eligible if they did not own any residential house or plot in full or in part on a leasehold or freehold basis in the name of their spouse or any of their minor and/or dependent children or dependent parents or dependent minor sisters and brothers.

A certificate of registration bearing was issued to the petitioner on July 8, 1980, expressly providing his registration under the scheme. The petitioner was declared successful for allotment of a flat in Rohini in a draw of lots in 1996.

The DDA had argued that the petitioner failed to deposit the demanded amount within the stipulated period of time and the allotment stood cancelled under the ‘DDA Regulation 1968’.

Justice Singh, however, observed that the DDA had sent the demand cum allotment letter to the petitioner on the “wrong address despite the right address being” in the authority’s record and hence has “no demand in the eyes of law”.