Widow sought allotment of an alternate flat after DDA cancelled and re-allotted her deceased husband's Dwarka flat for non-payment of dues. The court found the petition highly belated: the petitioner learned of the cancellation in February 2016 but did not pursue remedies promptly. Petition dismissed for delay and laches.
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SHASHI BALA GUPTA .....Petitioner Through: Mr. Ravindra Narayan, Adv.
versus
DELHI DEVELOPMENT AUTHORITY .....Respondent Through: Ms. Mrinalini Sen, Standing Counsel with Ms. Pooja Kapur & Ms. Aditi Saxena, Advs.
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL)
1 DDA
Signature Not Verified
Digitally Signed By:PRAMODW.P.(C) 15035/2023 Page 1 of 3 KUMAR VATS Signing Date:05.07.2024 17:52:39
petitioner was allotted an MIG Flat in terms of Certificate Registration granted to him dated 18.06.1980 and he deposited a sum of Rs. 20,000/- on 02.09.1999 pursuant to the demand raised by the DDA. It is the case of the petitioner that her husband made several representations to the DDA that the property in question was not habitable as there was no infrastructure so as to provide supply of electricity and water, which representations fell on deaf ears.
2 RTI
Signature Not Verified
Digitally Signed By:PRAMODW.P.(C) 15035/2023 Page 2 of 3 KUMAR VATS Signing Date:05.07.2024 17:52:39
to meet the concerned Director (MIG)H, North-East, and complete all the necessary formalities. In this regard, it is urged that no further compliance was done by the deceased/allottee.
DHARMESH SHARMA, J.
JULY 05, 2024
sp
Signature Not Verified
Digitally Signed By:PRAMODW.P.(C) 15035/2023 Page 3 of 3 KUMAR VATS Signing Date:05.07.2024 17:52:39
1 issue framed by the court
Whether the petitioner, widow of an original allottee whose flat was cancelled and re-allotted by DDA, was entitled to allotment of an alternate flat despite inordinate delay and laches.
1 provisions across 1 enactments
Shashi Bala Gupta
Delhi Development Authority
Dharmesh Sharma
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
