B BLOCK YOJANA VIHAR RESIDENT S Vs. UOI

JUDGEMENT

(1.) THIS review application is filed by the appellant praying for review of the order dated 17th January, 2006 passed by the Division Bench of this Court on the ground that there is an error apparent on the face of the record.

(2.) COUNSEL for the appellant has particularly drawn our attention to the observation of the learned Division Bench to the efffect that the allotment of the land was made to the allottee, namely, respondent No. 4 prior to the issuance of the policy dated 21. 1. 2002 and, therefore, the demand for change of the site from nursery school to a park could not be acceded to.

(3.) ON perusal of the records and order passed by the Division Bench of this court, it appears that the Division Bench proceeded on the assumption that the aforesaid allotment of land to respondent No. 4 and payment were also made prior to issuance of the policy resolution which, however, is incorrect as we find from the records that application for allotment of land was made by the respondent No. 4 in the month of April, 2003 and allotment of the land was made in June, 2003, i. e. , after the aforesaid policy was promulgated by the DDA on 21. 1. 2002.