The court emphasized the need for rationality in the respondent DDA's decision-making process and directed the restoration of the flat on payment of old cost plus interest.

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 been allowing restoration of the flats other than of the South Delhi by old cost plus interest. Once the respondent DDA has taken a decision to restore the flat, may be on humanitarian ground, then for charging the cost there should not be any distinction in the policy.

4. Considering the above circumstances, the respondent DDA is directed to restore the flat on payment of old cost plus interest as they have been charging on the similar cases under their applicable policy. Counsel for the petitioner states that the petitioner has already paid the entire cost towards the MIG flat under the NPRS. If the entire cost has already been paid as stated by the petitioner then the interest part be now paid by the petitioner for the delay of 456 days. Let demand towards the interest be issued by the respondent DDA within a period of two weeks from the date of this order and payment thereto be made by the petitioner within a period of one week thereafter. The respondent shall allot the said MIG flat under the said scheme in favour of the petitioner after the payment towards the interest is made by the petitioner within a period of four weeks thereafter.

5. With these directions, the writ petition stands disposed of.

Writ Petition disposed of.