After nearly two decades of legal proceedings, the Delhi High Court has ruled in favor of the petitioner, Wills John, in a writ petition against the Delhi Development Authority (DDA). As a result, the allocated flat will be returned to the petitioner. Such protracted legal battles can be mentally and emotionally taxing.

This case revolves around the allocation of a flat through the IVth Registration Scheme on New Pattern, 1979 (NPRS-79) of the DDA. In 1979, the petitioner's father, the late Mr. P. Thankachan, sought to secure a flat by making a deposit of Rs. 1,500 and was subsequently granted a Certificate of Registration in 1980.

In 1996, the DDA issued a demand-cum-allotment letter (DAL) to the petitioner's father, offering him a Low-Income Group (LIG) flat in Rohini, Delhi, with a total cost of Rs. 2,97,800. However, despite making multiple payments, the petitioner's father experienced financial hardships and encountered difficulties in gaining possession of the flat.

Unfortunately, in 2003, Mr. P. Thankachan passed away, leaving behind his wife, Mrs. Sara Thankachan, and his son, Wills John, as his rightful legal heirs. In 2009, the DDA transferred the registration of the flat into the names of Mrs. Sara Thankachan and Wills John. However, despite their persistent efforts, the legal heirs were unable to obtain possession of the flat.

Tragically, in 2015, Mrs. Sara Thankachan also passed away, leaving Wills John as the sole legal heir. In the same year, Wills John filed a Right to Information (RTI) application to inquire about the status of the flat, but the DDA did not provide any response.

It wasn't until 2016 that the DDA finally responded to Wills John's RTI inquiry, informing him that the flat's allotment had been canceled, and a significant outstanding amount was still owed. Subsequently, in response to this development, Wills John initiated the present writ petition in the Delhi High Court. The petition sought to regain possession of the flat, seek compensation for the prolonged delay, and request an investigation into the alleged illegal demands and the subsequent cancellation of the flat.

The Court noted that the flat's allottee had taken necessary actions to fulfill the payment requirements outlined in the Demand-cum-Allotment Letter (DAL). Furthermore, the DDA had condoned the delay in the Confirmation Deposit. In addition, the DDA had failed to respond to the allottee's inquiries regarding the remaining balance.

Due to these circumstances, the Court concluded that the cancellation of the flat allotment, executed without prior notice, was arbitrary and unjust.

The Court acknowledged that the petitioner had been denied possession of the flat for a significant 19-year period, largely due to a combination of factors, including actions taken by the petitioner's father. However, it was also noted that the DDA's lack of response to information requests and the abrupt cancellation without prior notice played a role in this extended delay.

In light of these circumstances, the Court determined that it was both just and fair to grant compensation to the petitioner for the 19-year delay.

As a result, the Delhi High Court ordered the Delhi Development Authority (DDA) to launch an investigation into the case to ascertain the presence of any illegal demands and to provide reasons for the abrupt cancellation of the allotment without prior notice.

In conclusion, the High Court granted the primary relief sought by the petitioner. This included nullifying the cancellation order, instructing the DDA to hand over possession of the flat to the petitioner, awarding compensation for the extended delay, and mandating an investigation into the alleged illegal demands. The DDA was further directed to carry out these actions without unnecessary delay, considering the protracted nature of this case.

Case: Wills John v. Delhi Development Authority, W.P.(C) 11025/2016 and CM APPL. 43087/2016.