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Can DDA deny allotment, if we already have a flat allotted by them?
14-May-2023 (In Property Law)
Can we get 2 allotments under different DDA schemes running at different times? My father got a Janta Flat allotted to him in 1985 under the 1979 HUDCO scheme. Later he applied for the 1981 LIG Plot scheme in which we mentioned our allotment in the 1979 scheme. We later got an offer letter in 2003 and in the meanwhile my father passed away in 1999 and I completed all payments and formalities.
But till date DDA is refusing possession of the plot saying I have an allotment in 1979 scheme. What should I do now?
As per the DDA notification, the terms of eligibility for the allotment of land are as follows:
a. The applicant must be a citizen of India;
b. The applicant should have attained the age of 18 years;
c. The applicant must not own any residential house or plot in full or in part, on leasehold/freehold basis in New Delhi, Delhi or Delhi Cantonment, either in his/her own name or in the name of his/her wife/husband/minor dependent children. If, however, the share of the applicant in the jointly owned plot or land under the residential house is less than 66.9 sq. mtrs. (80 sq. yds.), he/she can apply under any of the schemes;
d. A person who has already been allotted a house/flat constructed by DDA or any other land/owning agency even if it is less than 66.9 sq. mtrs., shall not be eligible for allotment under any of the schemes of DDA.
Your situation falls under point (d) as you have already been allotted a land by HUDCO (“any other land owning agency”).
We can guide you further once we review your application and the objection received from DDA in detail.
Kindly contact us for any further details and action.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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