RAJIV GOELA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The prayer in this writ petition is for a direction to quash a demand of Rs. 53,39,816/- raised in a sale permission letter dated 15th January, 2009 issued by the Respondent Delhi Development Authority (hereinafter referred to as 'DDA'). The Petitioners seek a direction to the DDA to re-issue a revised sale permission letter with the demand calculated on the basis of rates prevalent on 24th March, 1978 in the areas adjoining the area in which the property in question, that is at B-334, New Friends Colony, is situated.

(2.) In relation to the property in question, the DDA executed a lease deed on 2nd July, 1974 in favour of Shri D.N. Sharma for an amount of Rs. 24,096.14. Thereafter the father of the Petitioners, Shri Shyam Shankar Goela entered into an agreement to sell dated 24th March, 1978 with one Shri D.N. Sharma for sale of the property in question for a total sale consideration of Rs. 85,000/-. Annexure P-1 to the writ petition is a receipt, which acknowledges payment by Shri Shyam Shankar Goela of a sum of Rs. 8,500/- and contains a clause that Shri Shyam Shankar Goela will pay the balance amount of Rs. 76,500/- "within 15 days from the date the plan is approved by the DDA."

(3.) When Mr. D.N. Sharma did not perform his part of the obligations, the father of the Petitioners filed a suit, Civil Suit No. 129/1980, for specific performance of the agreement to sell dated 29th March 1978. Suit No. 129/1980 was decreed by the learned Additional District Judge on 31st March, 1987. The learned ADJ held that the agreement/receipt dated 24th March, 1978 was a proper agreement to sell between the parties. The Defendants were directed to execute the sale deed in respect of the property in question in favour of Shri Shyam Shankar Goela.