45 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7065/2008 % Judgment Delivered on: 03.05.2010 ROSHNI DEVI ..... Petitioner Through: Mr.Chetan Lokur and Mr.Shivkant Arora for Mr.Viraj R. Datar, advs. for petitioner. versus D.D.A. ..... Respondent Through: Mr.Rajiv Bansal, Advocate. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI 1. Whether the Reporters of local papers may be allowed to see the judgment? 2. To be referred to Reporter or not? 3. Whether the judgment should be reported in the Digest? G.S.SISTANI, J. (ORAL) 1. Rule. With the consent of counsel for the parties, present petition is set down for final hearing and disposal. 2. The facts of the case as set out in the petition are that husband of the petitioner registered himself under the NPRS-1979 Scheme for allotment of a flat in the year 1979. The name of Sh.Ishwar Prakash Jindal (hereinafter referred to as, „the original allottee') was included in the draw of lots held on 31.05.2002 and a flat was allotted to him. Petitioner on coming to know about the allotment, approached the DDA by a communication dated 09.07.2002 informing the DDA about the demise of the original allottee. According to the petitioner no reply was received from the DDA which forced the petitioner to make another application to the DDA in the year 2007. 3. The grievance of the petitioner is that DDA in response to the application for mutation of the allotment, has only processed the application for refund of the initial payment made by the original allottee. Counsel for DDA submits that the original allottee was declared successful for allotment of an MIG flat bearing No.11, third floor, Block D-5, Sarai Khalil, Delhi on cash down basis, through computerized draw, held on 31.05.2002. A demand-cum-allotment letter dated 25.06.2002 was sent to the original allottee, however, the same was returned back undelivered by the postal authorities with the remarks „addressee expired, hence returned’. 4. DDA along with the counter affidavit has filed a communication of the year 2002 by which petitioner was called upon to purchase a book-let from the sale counter containing details for carrying out mutation, and then apply for mutation to enable the DDA to process the case. 5. It is the case of the DDA that petitioner did not purchase the book-let nor applied in the prescribed format, which led to the DDA processing the application simply for refund of the money deposited by the original allottee. 6. Both counsel rely on the policy formulated by the DDA dated 18.04.2007. The relevant portion of this orders read as under: “OFFICE ORDER SUB: Mutation of Registration / allotment in the name of Legal heirs/ Legatee after the death of original registrant/ allottee of DDA flats. In supersession of previous order on the subject cited above, the following procedure shall be followed for dealing with such cases in future: TRANSFER OF REGISTRATION. 1. On the receipt of information about death of original registrant, the applicant – legal heir/ legatee will be informed by the Jr. Director/ Dy. Director of the concerned Housing Department regarding the details of the documents required for transfer of registration. The applicant legal heir/ legatee shall further be informed that the said documents should be submitted at the earliest to enable the department to process the case of the transfer of the registration and to include the name of the transferee in the draw of lots to be held subsequently. MUTATION OF ALLOTMENT i) On receipt of information about the death of original allottee the applicant – legal heir/ legatee will be informed by the Jr. Director/ Dy. Director of the concerned Housing Department regarding the details of the documents required for mutation along with the following intimation:- ii) that the required documents be submitted within a month. iii) That in order to avoid cancellation /payment of interest, amount demanded in the letter should be deposited. iv) That in case the required documents and amount demanded in the allotment letter will not be deposited within 6 months from the date of receipt of the … interest @12% per ammum will be charged from 7th monthonwards. 2. In case the applicant – legal heir/ legatee fails to submit the required documents or the demanded amount alongwith the interest upto a maximum period of two years from the date of the receipt of the letter referred above, the department shall issue a show cause notice to the applicant – legal heir/ legatee as to why the mutation of allotment be not cancelled. 3. In case the applicant- legal heir/ legatee fails to show any sufficient cause to the satisfaction of the Commissioner (Housing), the allotment shall be cancelled with the approval of the Vice-Chairman. 4. In case the allotment letter is issued in the name of original registrant, before intimation about the death of the registrant/ allottee is received, there will be no automatic cancellation of the allotted flat and the above procedure shall be followed. Approval of VC has been obtained in file No.21 (misc.)2000/ Pt.Or.491/2001 Legal. (D.B. GUPTA) Commissioner (Housing)DDA” 7. I have heard counsel for the parties and also carefully perused the policy formulated by the DDA dated 18.04.2007. In this case husband of the petitioner was allotted a flat by the DDA in a computerized draw held on 31.05.2002, demand-cum-allotment letter was issued, which was returned back undelivered with the remarks „addressee expired, hence returned’. Although the present petitioner approached the DDA for mutation, she did not comply with the formalities as called upon by the DDA. As per the policy, in case the legal heir fails to submit the required documents or the demanded amount alongwith the interest upto a maximum period of two years, it is mandatory for the DDA to issue a show cause notice to the applicant as to why the mutation of allotment be not cancelled. 8. DDA is unable to point out whether any show cause was issued to the petitioner as to why mutation of allotment be not cancelled. In the absence of any show case, the order of cancellation is quashed. Petitioner is accordingly directed the approach the DDA with all relevant documents and DDA shall consider the case of the petitioner for mutation of allotment. In case of any deficiency, DDA shall inform the petitioner about the same. 9. Taking into consideration that this is a death case, DDA shall consider the case of the petitioner sympathetically and as expeditiously as possible and as per the policy of the DDA. All formalities be completed within eight weeks from the date of receipt of this order. 10. Petition stands disposed of, in above terms. G.S. SISTANI, J. May 03, 2010 'ssn‟