NEW DELHI: A man who had applied for a Delhi Development Authority (DDA) flat 45 years ago is finally getting possession of it after the High Court ordered in his favour. “In a state like Delhi, many have one dream that is to own a property in their name. It is not easy for the middle and lower income groups to own a property in Delhi and Delhi Development Authority from time to time comes out with schemes of fulfilling this dream of owning a property,” said Justice Jasmeet Singh.
One such scheme was the New Pattern Registration Scheme – 1979 wherein the DDA floated flats for middle income group, lower income group and Janta category, in which the petitioner, Ishwar Chand Jain, applied on October 3 in 1979. The HC directed the authority to allot the flat at the prevalent rates on the date of allotment on March 29, 1996 within four weeks.
Jain was approaching the high court seeking direction to the DDA to issue a allotment letter to him of Flat No. 180, First Floor, Pocket No.l3, Sector No. 22, Rohini, Delhi or any other Flat allotted against receipt of allotment price and to deliver possession thereof and to complete all other necessary formalities.
“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,” he said. As per the contention of DDA, Jain failed to deposit the demanded amount within the stipulated period of time and the allotment stood cancelled under the ‘DDA Regulation 1968’.
The HC, however, pointed out that the housing body had sent the demand cum allotment letter to Jain on the “wrong address despite the right address being” in the authority’s record and hence has “no demand in the eyes of law.”