1. Counsel for the petitioner states that pursuant to the directions given by this Court vide order dated 8.1.2008, the case of the petitioner has been reconsidered and after reconsideration of his case, the respondent DDA has decided the case of the petitioner under NPRS Scheme, but on the basis of old cost plus interest, or current cost, whichever is higher. The respondent DDA has also observed in their decision that the case of the petitioner is not covered as per the policy of the restoration but still taking the case of the petitioner on humanitarian ground, the decision for restoration of the flat has been taken. Counsel for the respondent has also produced records before the Court.

2. Perusal of the record shows that the respondent DDA has taken the decision to restore the flat only on humanitarian grounds. The DDA has also decided to restore the flat on payment of old cost plus interest or current charges whichever is higher.

3. I do not find any rational behind the said decision of respondent DDA to restore the flat on the condition of charging current cost more particularly when once they themselves have referred to their policy in their official file where they have b