SAHUJA BUILDERS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This order will dispose of four writ petitions which have been filed seeking directions against the respondent to charge the land price/premium @ Rs.5,200/- instead of Rs.7,700/- and to refund the excess amount charged from the petitioner as premium for allotment of plots in Keshopur, New Delhi along with interest.

(2.) The petitioners were running businesses at Andheria Mor and were issued notices in pursuance to certain directions passed by the Supreme Court in the case of M C Mehta vs. Union of India. The structures of the petitioner along with 78 other shops were removed on 3.4.96 and a public notice was published on 27.1.1997 stating that the persons would be charged @ Rs.5,200/- per square metre. However, the demand-cum-allotment letters issued on 31.3.1998 charged the rate at Rs.7,000/- per square metre. The petitioner paid the amounts without protest. However, subsequently one of the persons filed a writ petition CW 4074/98 Lamba Electric Works vs. DDA challenging the said increase. The said writ petition was allowed on 8.12.1999 and it is thereafter on the basis of the said judgment that the present writ petitions has been filed. Learned counsel for the respondent, however, submits that the petitioners would not be entitled to the same relief since they have not paid under protest but paid unconditionally. It is further contended that a notification dated 11.2.2000 was issued and the Government of India, Ministry of Urban Development in exercise of the powers conferred under the Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 notifying the pre-determined rate of Rs.7,000/- per square metre of the land in Dwarka for allotment to marble dealers and automobile workshops evicted from South Central Ridge.

(3.) In so far as the allotment of plots in Keshopur is concerned, the rates published vide notice dated 27.1.1997 were modified by a corrigendum dated 19.12.2000 issued in the 'Navbharat Times" intimating the rates of allotment of the plot in Keshopur may be read as Rs.7,000/- per sq. meter for the year 1997-98. Further a circular dated 1.1.2061 was issued by the Director (Lands) of DDA to the following effect:-