DAYAWATI Vs. D.D.A. AND ANR.

JUDGEMENT

(1.) By the judgment dated 5th March, 2008 DDA was directed to calculate unearned increase as per the land rate prevailing on 24th June, 1996 i.e. the date on which the applicant had purchased the property. It was directed that the applicant will pay simple interest @ 7% per annum for the period after 1st November, 2001 till payment was made to the DDA.

(2.) The applicant is a subsequent purchaser and the original lease allottee was Ms. Uma Kapoor. The applicant had purchased the said property on the basis of power of attorney, agreement to sell etc. Taking advantage of regularization scheme framed by DDA, applicant had applied for regularization and conversion from leasehold to free hold on 3rd September, 1998. Later on it transpired that there was dispute between the DDA and original allottee, Ms. Uma Kapoor, whether the sub lease deed of the plot should be executed in her name only or in joint names with her former husband. It was the case of DDA that they had never handed over possession of the said plot to Ms. Uma Kapoor in view of the said dispute.

(3.) By the present application, the applicant disputes the unearned increase computed by the DDA as per the rate prevailing on 24th June, 1996. It has been stated that Yamuna Vihar is in east zone and DDA has wrongly taken the rates mentioned in the circular dated 24th June, 1992 for computing the unearned increase.