USHA ANAND vs DELHI DEVELOPMENT AUTHORITY & ANR.

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24th February, 2025 + W.P.(C) 10178/2023 USHA ANAND .....Petitioner Through: Mr. S. Rajan with Mr. Hitain Bajaj, Mr. Ramesh Rawat, Advocates. versus DELHI DEVELOPMENT AUTHORITY & ANR. .....Respondent Through: Mr. Tushar Sannu, Advocate for DDA. Mr. V.C. Bharti, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM APPL. 74316/2024 (for production of documents and clarification) 1. Mr. Ashok Kumar Anand (since deceased) had been allotted LIG flat No.127, Sector 18B Phase-2, Dwarka. 2. He, unfortunately, died on 11.09.2009. 3. According to learned counsel for petitioner, the petitioner, who is widow of Mr. Ashok Kumar Anand, is survived by two legal heirs i.e. herself and Ms. Meenakshi Anand (daughter). 4. Petitioner also obtained a Surviving Member Certificate issued by the concerned Authority and approached DDA for adding her name in place of name of her deceased husband. Since nothing has been done by DDA, the present writ petition has been filed seeking writ of mandamus directing DDA to substitute name of the petitioner and then to execute a conveyance deed in her favour. Signature Not Verified Digitally Signed W.P.(C) 10178/2023 1 By:SONIA THAPLIYAL Signing Date:25.02.2025 19:34:47 5. During course of the proceedings, the petitioner, herself, moved an application under Order I Rule 10 CPC, seeking impleadment of Mr. Nitin Anand, as one of the respondents. 6. According to petitioner, name of Mr. Nitin Anand was wrongly shown as co-allottee by DDA. 7. It, however, seems that the above said application seeking impleadment was moved by the petitioner on the basis of the averments made in counter affidavit filed by DDA. 8. In such counter affidavit, DDA took preliminary objection