B S BHALLA Vs. DDA

JUDGEMENT

(1.) CM APPL. 12421/2015 This is an application filed by petitioner/applicant under Section 151 of the Code of Civil Procedure seeking modification of the order dated 24.9.2012 passed by this Court.

(2.) Notice in this application was issued. Reply has been filed.

(3.) Learned counsel for the petitioner submits that the necessity for filing the present application has arisen after a demand -cum -allotment letter dated 14.12.2014 was received by the petitioner from the DDA on 18.4.2014, whereby the petitioner was allotted a flat on the fourth floor. Counsel further submits that pursuant to the initial letter of allotment, which was issued in favour of the petitioner allotment was made to the petitioner on the ground floor. Counsel also submits that despite the fact that a flat on the ground floor is available with the DDA, the allotment of a flat to the petitioner on the fourth floor would cause serious prejudice to the rights of the petitioner. Mr.Saini further submits that it is the policy of the DDA that DDA does not change the floor of the flat allotted.