KANHAYA LAL MADAN Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) THE writ petition seeks mandamus to the respondent NDMC to refund to the petitioner along with interest of misuse / damage charges, conversion charges and other charges levied and deposited by the petitioner for obtaining freehold conversion of his property; refund is W.P.(C) 1862/2011 Page 1 of 12 sought on the ground of the said recoveries being illegal, arbitrary, wrong, unjust and against the Office Order, Rules and Policy; relief of restraining the NDMC from taking any action against the petitioner with respect to unauthorized construction / misuse in the property of the petitioner is also claimed; yet another relief claimed is to provide standard plan in accordance with Master Plan for Delhi?2021 to enable the petitioner to get additional FAR.

(2.) THIS writ petition came up first before this Court on 21 st March, 2011 when doubts were raised as to the maintainability of the petition. On request of counsel for the petitioner, the matter was adjourned.

(3.) THE petitioner thereafter on 28th April, 2009 deposited the balance amount also, again unconditionally and without any demur. He again claims to have written a letter dated 28th April, 2009 informing the respondent NDMC of deposit of the balance amount in the bank account and again requesting the respondent NDMC to execute the Conveyance Deed of freehold rights. Again there is no mention in the said letter also of the amount having been paid without prejudice or under protest and or subject to the right of refund.