LAWS(DLH)-2011-11-20

DELHI DEVELOPMENT AUTHORITY Vs. VIDEOCON INDUSTRIES LTD

Decided On November 14, 2011
DELHI DEVELOPMENT AUTHORITY Appellant
V/S
VIDEOCON INDUSTRIES LTD. Respondents

JUDGEMENT

(1.) THE appellant DDA impugns the order dated 29.01.2007 of the learned Single Judge partly allowing the W.P.(C) No.14961-62/2004 filed by the respondent and, while upholding the claim of DDA for unearned increase, quashing the demand of `15,09,31,495/- on account thereof and directing the appellant DDA to charge unearned increase at the rate of `100/- per floor / flat and at which rate the demand for unearned increase stands reduced to approximately `1,500/- only.

(2.) THE demand aforesaid for the unearned increase was with respect to commercial plot admeasuring 2548 sq. mtrs. bearing No.E-1, Jhandewalan Extension, New Delhi. THE said plot was in the year 1980 put to auction and the bid of M/s Skipper Construction Co. (Pvt.) Ltd. accepted. However, upon the bid amount being not paid, the said transaction did not materialize and the plot was re-auctioned by the appellant DDA.

(3.) THE provisions in the Perpetual Lease Deed aforesaid with respect to the unearned increase are contained in Clause 6 thereof and which is as under: