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2023 Supreme(Del) 2239

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Delhi Development Authority – Appellant
Versus
Romesh Kumar Bajaj – Respondent


Advocates appeared:
Mr. Abhimanyu Walia and Mr. Karmanbir Singh, Advocates, for the Appellant.
Mr. C. Mohan Rao, Senior Advocate with Mr. Lokesh Kumar Sharma, Advocate, for the Respondent.

JUDGMENT

Subramonium Prasad, J.

1. The Appellant/DDA seeks to challenge the Judgment dated 30.04.2020 passed by the learned Singe Judge in W.P.(C) 6523/2017 by which the learned Single Judge has allowed the writ petition and has directed the Appellant/DDA to allot a flat to the Respondent herein which is located in Rohini or in the area that is nearby, in case, flats are not available in Rohini at the rate prevalent in the year 2004 and not on the basis of the rate as applicable vide Circular dated 13.10.2011.

2. The facts, in brief, leading to the filing of the instant appeal are that the father of the Respondent Mr. Manohar Lal Bajaj had applied for allotment of a MIG flat under the New Pattern Registration Scheme, 1979. Allotment letter was issued on 07.12.1992 in the name of the father of the Respondent. The Respondent's father surrendered the allotment on 06.04.1993 for inclusion of his name in the tail-end priority in terms of the prevalent policy.

3. After surrendering the allotment on 20.05.1997, the father of the Respondent was assigned a fresh priority No.38931 in place of earlier number for allotment of flat at tail-end policy. The father of the Respondent passed away

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