(1.) Issue rule. With consent of counsel for the parties, the matter was heard for final disposal.
(2.) The petitioner is a registrant of the 9th Self Financing Scheme (hereafter referred to as "SFS") of the respondent (hereafter "DDA"). He has approached this Court for a direction that the decision or action taken in canceling the allotment on 28.8.2003 is arbitrary and illegal.
(3.) The petitioner has been registrant of the Scheme since 1996; he was initially allotted a flat in 1999. He approached this Court claiming that the DDA had not extended civil amenities such as water supply and had also not developed infrastructure. That writ petition was disposed off on 23.4.2002. The Court directed that the DDA ought to issue a fresh demand letter in accordance with its policy within eight weeks and that in such eventuality if the original flat had remain un-allotted or not occupied by any one else, it was to be restored to the petitioner and in the eventuality of its being allotted to some one else, he would be entitled to another flat in the same locality.