Dev Raj vs D.D.A. on 11 July, 2013
7. We notice that the learned Single Judge had fixed the date of passing
of the impugned order as the cut-off date on which the price
prevalent would be applicable. This was premised on the counsel for
the petitioner offering his no objection in accepting the allotment on
that basis. We also note that the query was put by the Court, but the
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LPA Nos.193 of 2014 & 298 of 2014 Page 6 of 8
question remains: would it be fair to put a query to the petitioner‟s
counsel which could compromise the petitioner‟s legal rights? This
court is of the view that where the allotment was delayed on account
of fault of DDA as has been held in Mahinder Pal Sikri (supra), Dev
Raj (supra) and Ms. Prem Bhatnagar (supra) the
applicant/petitioner cannot be burdened with the cost prevailing on
the day when the writ petition was disposed off.