After 26 Yrs Of Struggle, Delhi High Court Puts Son In Possession Of Flat Allotted By DDA To His Father

The Delhi High Court recently quashed DDA’s cancellation order w.r.t. a flat allotted in 1996 and directed that the same be handed over to the allottee’s son (petitioner).

While deciding in favour of the petitioner, Justice Jasmeet Singh held that the Authority’s cancellation of the allotment was in violation of principles of natural justice, as no show-cause/termination notice in advance had been served.

Initially, in 1979, the allottee/petitioner’s father had applied to DDA for allotment of a flat. In consequence, a demand-cum-allotment letter was issued in 1996, as per which he could either deposit the entire amount, or make a Confirmation Deposit, within the stipulated periods.

Sometime later, the allottee expired and DDA transferred the registration of the flat in the name of his wife and son. The petitioner made attempts to get possession of the allotted flat, but remained unsuccessful.

Sometime in the year 2016, he was told by the DDA that his file was not traceable and the allotment stood cancelled.

Before the court, advocate for the petitioner contended that even though substantial payments were made, DDA neither gave possession nor served any termination notice prior to the purported cancellation.

Based on DDA Regulations, 1968, it was also contended that the flat was purchased under a hire-purchase agreement and thus, the allottee had a right to reside in it as a tenant.

To the contrary, DDA’s counsel argued that non-payment of dues could lead to automatic cancellation of a registration (without notice).

Considering that the allottee had made a Confirmation Deposit and the same was accepted, the court rejected DDA’s plea and held that that allottee ought to have been put in possession of the flat.

“The fulcrum of the demand letters is itself misconceived and faulty as under the hire-purchase system under the DDA Regulations, before the owner can ask for payment of hire-purchase charges, the allottee must be put in possession of the allotted flat”, it said.

The court also remarked: “The respondent-DDA cannot, without performing its part of the obligation, call upon the petitioner to make the balance payment and cancel the allotment unilaterally”.

During the pendency of the case, an inspection of the allotted flat was also directed by the court, when it was found that it had been re-allotted in 2016. Accordingly, it was ordered that if the allotted flat was not available, DDA shall allot the petitioner a flat similar thereto.

Mr. Manoj V. George, Advocate appeared for petitioner.

Ms. Shobhana Takiar, Standing Counsel with Ms. Devika Mohan and Mr. Kuljeet Singh, Advocates appeared for DDA

Case Title: Wills John v. Delhi Development Authority

Citation: 2023 LiveLaw (Del) 1018

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