W.P.(C)No.3730/2010 Page 1 of 3 75. * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment dated 28.05.2010. + W.P.(C) 3730/2010 SHEEL JAIN ..... Petitioner Through : Mr. A.K. Trivedi, Adv. versus DDA ..... Respondent Through : Mr. Deepak Khadaria, Adv. for Ms. Sangeeta Chandra, Adv. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI 1. Whether reporters of local papers may be allowed to see the Judgment ? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? G.S.SISTANI, J (ORAL): 1. By the present petition, petitioner seeks quashing of communication dated 3.2.2010, by virtue of which, the representation made by the petitioner was rejected. Petitioner seeks a direction to DDA to allot a flat at Dwarka or Rohini and in the alternate refund the money deposited with interest. 2. The facts of the case, which have led to the filing of the present petition, are that in the year 1994, petitioner’s husband applied for a flat under the SFS -7th Scheme of the DDA and was allotted a type II, First Floor, Pkt / Block 16, Sector 3, Dwarka, Delhi, under the said scheme. A demand-cum-allotment letter was issued to the husband of the petitioner on 1.2.1995. As per this demand- W.P.(C)No.3730/2010 Page 2 of 3 cum-allotment letter, husband of the petitioner was to make the payment in installments. The schedule of installments is as under: INSTALMENTS AMOUNT DUE DATE FIRST RS.136250.00 10/03/95 SECOND RS.109000.00 10/09/95 THIRD RS.136250.00 10/03/96 FOURTH RS.109000.00 10/09/96 3. As per the demand-cum-allotment letter, if the payments were not made as per the schedule, it would lead to automatic cancellation of the flat. Husband of the petitioner is stated to have made payments of only two installments. The husband of the petitioner expired on 13.9.2003. The petitioner did not make the balance payment, which led to the cancellation of the flat in the year 1996. 4. Counsel for the petitioner submits that the DDA has failed to consider the representation dated 24.3.2008 for allotment of a flat. It is further submitted that the DDA has rejected the representation without any cogent reasons. 5. Learned counsel for the respondent DDA submits that petitioner did not approach the DDA from the year 1996 uptill 2008, however a representation was made by the petitioner to the DDA, which stands rejected on 12.1.2010. Counsel further submits that the Scheme, in question, already stands closed in the year 1996 itself. Counsel also submits that the medical record of the petitioner, filed along with the writ petition, only pertains to the year 2003. 6. The facts set out in the petition itself would show that a demand- cum-allotment letter was issued in favour of the husband of the W.P.(C)No.3730/2010 Page 3 of 3 petitioner in the year 1995. The husband of the petitioner did not make the payment as demanded by the DDA and some payment was made on 9.6.1995, 20.12.1995 and 9.6.1997. These payments were not made as per the schedule of payment, which has been reproduced above. Since the payments were not made within the time allowed, the allotment made in favour of the petitioner was automatically cancelled in the year 1996 itself. There is no explanation whatsoever for the delay in approaching this Court from 1996 till 2008. Even otherwise, since the petitioner’s husband did not make the payment as per the schedule in the demand-cum-allotment letter thus there is no fault of the DDA in cancelling the allotment. Accordingly, I find no grounds to entertain this petition. However, it will be open to the petitioner to make an application to the DDA for refund of amount. Along with the application the petitioner shall supply to DDA details of bank accounts, two photographs, three specimen signatures duly attested and the copies of the challan. In case the challans are not available with the petitioner, DDA will make the enquiry whether the amounts were paid or not. Upon receipt of the aforestated documents by the petitioner, the entire procedure for refund will be completed by the DDA within eight weeks. G.S. SISTANI, J. May 28, 2010 'msr’