$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4208/2006 & CM APPL. 36690/2022 SHAKUNTALA SHARMA .....Petitioner Through: Mr. Ankit Singh Sinsinwar & Mr. Ravi Kumar, Advs. versus D.D.A. .....Respondent Through: Ms. Shahana Farah, ASC with Mr. Abhigyan, Ms. Reya Paul, Ms. Amruta Padhi & Ms. Nidhi Singh, Advs. Mr. Ved Prakash Sharma and Ms. Amrit Kaur Oberoi & Mr. Mayank Garg, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 02.04.2026 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:- “a) A Writ of Certiorari calling for the records of the case for perusal. b) A Writ of Certiorari quashing the action of the Respondent in not issuing 5th and final demand letter in respect of a category-III SFS flat in Vasantkunj and giving possession thereof to the Petitioner, despite payment of first four instalments by 1992, being illegal, arbitrary, discriminatory, unjust and without any jurisdiction and in violation of the terms This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 13:12:12 and conditions, rules and regulations and policy and the principles of equity, justice and good conscience. b) A Writ of Mandamus commanding the respondent to forthwith allot a category-Ill SFS Flat either in Vasant kunj or Dwarka where such flats are available, issue the fifth and final demand letter in respect thereof at the cost of 1992 and give possession thereof to the Petitioner after payment and execute conveyance deed c) A Writ of Mandamus commanding the Respondent to pay upto date interest to the Petitioner on the deposit made by him towards cost of category-Ill SFS Flats to be allotted to him by way of four instalments as well as pay suitable damages / compensation for the inconvenience, harassment and long delay of 14 years suffered by the petitioner. d) A Writ of mandamus commanding the respondent to pay the cost of the petition to the Petitioner e) Any other writ, order or direction which may be deemed fit and proper in the facts and circumstances of the case and in the interest of justice.” 2. The case of the petitioner as pleaded in the writ petition originally filed was that the petitioner got herself registered with DDA, respondent No. 1, under IVth Self Financing Scheme, 1981 for allotment of a category-III flat at Vasant Kunj. 3. Vide letter dated 30.11.1990 issued by the Deputy Director (SFS), the petitioner was informed that she has been declared successful for allocation of category-III duplex (Ground Floor + First Floor) flat in Pocket-9, Block-C, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 13:12:12 Vasant Kunj. 4. The petitioner paid four instalment towards the said flat as per the schedule mentioned in the letter dated 13.11.1990 5. Since no final allotment letter was issued office of DDA and came to know that against her registration number, The petitioner paid four instalment towards the said flat as per the schedule mentioned in the letter dated 13.11.1990, which reads as under: Since no final allotment letter was issued, the petitioner visited the office of DDA and came to know that against her registration number, The petitioner paid four instalment towards the said flat as per the , which reads as under:- the petitioner visited the office of DDA and came to know that against her registration number, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 13:12:12 petitioner has been allotted two flats, i.e. Pocket-9, Sector-C, Vasant Kunj and other to one Shri B.S. Bhatnagar at Hill View Apartments, Vasant Vihar, New Delhi and subsequently, a specific flat bearing no. B-1, Hill View Apartment, Vasant Vihar, New Delhi of which the possession was also handed over. Thereafter, the petitioner made a request to DDA officials to cancel the second allotment and allot her a specific flat, but the same did not happen 6. Subsequently, vide cancellation letter dated 15.02.1995 the allotment of flat bearing No. B-1, Hill View Apartments, Vasant Vihar, New Delhi was cancelled. Since, the petitioner had not been allotted a flat, the petitioner filed writ petition C.W.P No. 88/1996 which was later withdrawn by the petitioner. Subsequently, since no action was being taken by the respondent No.1/DDA, the petitioner filed the present writ petition. 7. Mr. Sinsinwar, learned counsel for the petitioner, draws my attention to the charge sheet and shows that the application for Vasant Kunj allotment did not contain the signatures of the petitioners. 8. Mr. Ved Prakash Sharma, learned counsel for the respondent No. 2, states that in the present case, the petitioner duly applied for two flats namely Vasant Vihar and Vasant Kunj. The petitioner was allotted a flat in Vasant Vihar first which she sold to respondent no. 2 and thereafter the petitioner again processed her application for Vasant Kunj flat and is now illegally and malafidely trying to enrich herself. Hence, the petition is liable to be dismissed. 9. The case of respondent no. 2 is also endorsed by the respondent No.1/DDA. 10. In the present case, after hearing the parties, I am of the view that the writ petition raises serious disputed question of facts. My reason for saying This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 13:12:12 the same is that there is a letter dated 19.10.2000 admittedly signed by the petitioner, which reads as under:- “The Vice Chairman, Delhi Development Authority, Vikas Sadan, New Delhi. Sub:- Allotment of ready built flat No. B-1, GF at Vasant Vihar, Category-III Request for Restoration thereof. Reference: File No.F.126(348)90/SFS/VK/III Hon'ble Sir, May I encroach upon your valuable and precious time to place the following fact for your kind notice and sympathetic consideration:- 1. I Mrs. Shakuntla Sharma W/o Shri Bhanwar Lal Sharma is a registrant of Cat.II SFS Flat under 4th SFS, 1981 Scheme. I applied for allotment of flat vide application No. 2013 dated 2.2.90 and accordingly a ready built flat No. B-1, Cat.III on Ground Floor at Vasant Vihar was allotted to me ……… of 1.3.90. The demand-cum-allotment letter was issued by the DDA…………..the payment of the demand amount as well as ………… as per the terms and conditions of the allotment letter. 2. Shri B.S. Bhatnagar, on my behalf submitted all the required ……. including proof of the payment. DDA after examining the records……. issue the possession letter in his favour. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 13:12:12 3. As the possession letter was not issued in my name and same was issued in the name of Shri. B.S. Bhatnagar, I had represented a number of times to the various authorities to cancel the possession in the name of Shri Bhatnagar and the same be handed over to me being the lawful allottee of the flat. 4. It is relevant to mention that after issue of possession letter I made the agreement to sell and other documents, GPA etc. in favour of Smt. Jainmati Jain W/o Shri Vasudev R/o 81-B Pkt-4, Mayur Vihar Delhi, who the mother of Shri Ashok Jain Shri Ashok Jain managed for making the entire payment on my behalf. 5. I may add that I have already submitted that I have not applied for allocation of flat in Vasant Kunj in C-9 Pkt and I have no claim whatsoever against the allocation. 6. Since Shri Vasudev Jain, husband of the deceased Smi. Jainmati Jain on humanitarian ground has contacted me and desired that because the payment of the flat was arranged on my behalf by his deceased wife, the flat in question may now be entered in his name by way of fresh agreement to sell as well as GPA and other document required by the said transaction. 7. Since the committed consideration amount and other ….. not fulfilled by Smt. Jainmati Jain, who has also now expired …… allotment and to restore the possession in my name. 8. I therefore, on humanitarian ground settled this issue This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 13:12:12 with ….. Jain husband of Smt. Jainmati Jain and taken back the possession of flat from him and now the possession of the flat is with me and the entire dispute comes to end. Since the possession is with me and keeping in view the facts of the case and settlement of dispute between myself and purchaser of the flat I request your honour that this flat which was cancelled on my request may now be restored on usual terms and conditions, on my request, and I may be informed, if any, charges on account of restoration is payable by me. For this act of kindness I shall ever remain grateful. Thanking you. Yours faithfully, (Shakuntla Sharma) B-1, Vasant Vihar, N.Delhi.” 11. A perusal of the letter shows that the petitioner herself states that the petitioner appointed Sh. B.S. Bhatnagar as her representative and flat Vasant Vihar was allotted to the petitioner. It is further stated that the petitioner made document such as agreement to sell etc. in favour of respondent No. 2’s mother. 12. It is also the case of the petitioner in the said letter that the petitioner did not apply for allocation for Vasant Kunj flat and sought only for the restoration of the Vasant Vihar flat. 13. On the other hand, the case built up by the petitioner in the writ petition is to the contrary that the petitioner received an allotment letter for Vasant This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 13:12:12 Kunj flat and the petitioner thought that the same was pursuant to the petitioner’s application. Hence, the petitioner bonafidely made payment for Vasant Kunj flat. 14. The reason for issuing the letter dated 19.10.2000 is sought to be justified by the petitioner on a complaint made on 08.11.2000 that the respondent No. 2 came to visit the house of the petitioner and on gun point, compelled the petitioner to execute documents as well as write the letter dated 19.10.2000. 15. The investigation is pending on the said complaint. A perusal of the above said issues categorically shows that detailed evidence is required in the present matter. 16. The Court in writ jurisdiction is not in a position to adjudicate the disputed question of facts including but not limited to whether the letter dated 19.10.2000 was executed under duress and coercion by the petitioner; whether the complaint dated 08.11.2000 of the petitioner is genuine and whether the petitioner applied for two flats and after allotment of the Vasant Vihar flat and having sold the same to respondent No. 2 is seeking allotment of another flat. The disputed questions are beyond the scope of the present writ petition. 17. For the said reasons, the writ petition is disposed granting liberty to petitioner to file a civil suit in this regard. Since, the petitioner has been prosecuting the writ petition with due diligence, the petitioner is entitled to apply for the benefit of Section 14 of the Limitation Act,1963. JASMEET SINGH, J APRIL 2, 2026/NG This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 13:12:12