Delhi High Court Reverses DDA’s Cancellation of Flat Allotment After 27 Years

LI Network

Published on: October 25, 2023 at 11:15 IST

The Delhi High Court has overturned the Delhi Development Authority’s (DDA) decision to cancel the allotment of a flat made back in 1996.

The court has directed that the flat should be handed over to the allottee’s son, highlighting that the cancellation was in violation of the principles of natural justice due to the absence of a prior show-cause or termination notice.

This case revolves around an allotment that dates back to 1996. After the original allottee passed away, the registration of the flat was transferred to his wife and son.

However, when the son attempted to take possession of the flat, he faced difficulties. In 2016, the DDA informed him that his file could not be located, leading to the cancellation of the allotment.

The court ruled that the DDA should have ensured that the allottee was in possession of the flat before seeking payment for hire-purchase charges.

Furthermore, it emphasized that the DDA could not unilaterally cancel the allotment without fulfilling its part of the obligation.

During the proceedings, it was revealed that the originally allotted flat had been reassigned in 2016.

In response, the court ordered that if the original flat was no longer available, the DDA should allot a similar flat to the petitioner, ensuring that justice prevails in this long-standing case.

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