To,
Assistant Director (GH),
DDA,
Group Housing Society Cell,
C – III, Second Floor,
Vikas Sadan, INA,
New Delhi
Sir,
For the purpose of conversion of Flat No. D-34, Tara CGHS Ltd., Alaknanda, Kalkaji from leasehold to freehold, you had directed me to “deposit a sum of Rs.1, 000/- on account of penalty for regularization of draw of flats” vide your letter No. F9 (2087)/GH/DDA/7991 dated 5.9.2007.
The flat was allotted to me and its possession given to my representative Shri Ramesh Kapoor on the 8th of September, 1979.
Kindly clarify the following:-
(i). The draw of lots for allotment of flats was to be conducted by the DDA in 1979. The possession of the flat could not be given to any allottee till the draw of lots had been conducted.
(ii). The DDA was the Lessor and TCGHS was the Lessee of the flats. If the Lessee gave the possession of the flats to the sub-lessee allottes before the draw of lots have been approved by the DDA, the only course open to you was to cancel the allotment and transfer of possession by the Lessee – the Society.
(iii). Allotment and transfer of possession of a flat without “Draw of Lots” cannot be regularized by levying a penalty. It can be regularized only by ex facto approval by the DDA and the DDA cannot impose a penalty for giving ex-post facto approval.
In the alternative, the allotment and transfer of possession of flats would be illegal.
(iv). The DDA took no action regarding the allotment and transfer of possession without having carried out the ‘Draw of Lots’ for over 25 years (from 1979 till 2007). As such, it is deemed to have approve the allotment of flats and condone the condition regarding ‘Draw of Lots’.
(v). Kindly furnish me a copy of the rule or order under which you have levied a penalty of Rs.1, 000/- from me in 2007 for the transfer of possession by you (the Lessor) to the Lessee the society. How was it my (sub-Lessee’s) responsibility to ensure that a Draw of Lot was conducted before the possession of the flat was given.
An early reply will oblige.
Thanking you,
(Y. Krishan)
R/o D – 1329, Vasant Kunj,
New Delhi
Ph. No.011-26894175
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