DIGVIJAY SINGH Vs. D D A

JUDGEMENT

(1.) The facts of this case have been referred to and dealt with extensively in the order dated 16.9.2011. The said order is reproduced herein below :

(2.) On 24.10.2011, counsel for the respondent/DDA submitted on instructions that the flat allotted to the petitioner was no longer available as it stood allotted to someone else. In view of the aforesaid statement, he was asked to confirm as to whether any other flat under the 6th SFS Scheme of the year 1992 was available for allotment. Respondent/DDA was also directed to file an affidavit indicating the localities in which flats of the same category were available for allotment and the terms and conditions under which such allotment could be made and the matter was adjourned for today.

(3.) The affidavit, as directed, has not been filed by the respondent/DDA in terms of the order dated 24.10.2011. However, counsel for the respondent/DDA states that she has obtained instructions from the department to the effect that there are two flats that are available in the 6th SFS Scheme, i.e., Flat No.E-115 (Second Floor) and Flat No.D-123 (Third Floor), both situated in Sarita Vihar, Delhi. She further states that the respondent/DDA is not in a position to restore the flat in favour of the petitioner on account of the delay on his part to approach this Court.