SHAILENDER CHAUDHARY Vs. D D A

JUDGEMENT

(1.) IN this appeal the contention raised by the appellant is that despite the order passed by the learned Single Judge on 6th February, 2006 directing the Delhi Development Authority to reconsider the issue as to whether or not the appellant has to pay an unearned increase in the light of the decision of the Supreme Court in DDA Vs. Vijaya C. Gurshaney (2003) 7 SCC 301, the matter has not been reconsidered by the DDA. We have gone through the records and find that the learned Single Judge has issued directions to the DDA to consider the issue once again in the light of the observations made in the said order after taking into consideration decision of the Supreme Court in Vijaya C. Gurshaney(supra). It is pointed out by the counsel appearing for the respondent that since the appeal is filed as against the said judgment, therefore, the DDA did not proceed in the matter.

(2.) HAVING heard the learned counsel appearing for the parties, we direct the DDA to reconsider the issue in terms of the order of the learned Single Judge passed on 6th February, 2006 within four weeks from today. The decision taken by the DDA shall be communicated to the appellant. We also direct that while considering the matter, the DDA shall take into consideration the observations made by the learned Single Judge in the said judgment. The appeal stands disposed of in terms of the aforesaid order.