The Delhi High Court has quashed the Delhi Development Authority's (DDA) cancellation of a flat allotment that was made in 1996 and directed that the flat be handed over to the allottee's son.
The court found that the DDA's cancellation of the allotment violated the principles of natural justice as no show-cause or termination notice had been served in advance.
The case involved an allotment made in 1996, and after the original allottee passed away, the registration of the flat was transferred to his wife and son.
The son attempted to take possession of the flat but was unsuccessful. In 2016, the DDA informed him that his file was not traceable, and the allotment was canceled.
The court held that the DDA should have put the allottee in possession of the flat before seeking payment of hire-purchase charges.
It also stated that the DDA could not unilaterally cancel the allotment without fulfilling its part of the obligation.
During the case, it was discovered that the allotted flat had been re-allotted in 2016.
The court ordered that if the original flat was not available, the DDA should allot a similar flat to the petitioner.
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