OM PRAKASH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) IN the above captioned twenty-one writ petitions, direction is sought to respondent- DDA to withdraw its demand-cum-allotment letters (issued during the period from November, 2010 till April, 2011) demanding premium @ Rs.16,931/- per sq. meter for allotment of plots in PVC Market, at Tikri Kalan, Delhi and to direct respondent-DDA to accept premium @Rs.7374/- per sq. meter as per the original demand letter of 12th January, 2000.

(2.) IN the year 1995, a major fire had devastated PVC Market, at Jwalapuri, Delhi and then it was decided by respondents to shift the PVC Market to Tikri Kalan, Delhi. Petitioners are PVC traders, who claim to be the original allottee of sites at Jwalapuri, Delhi and the other category comprised of encroachers / squatters, who were there in the aforesaid PVC Market. During the years between 1996 to 2002, respondent-DDA had allotted plots of size varying between 40-55 sq. meter to 1306 such encroachers and after identifying 479 original allottees of plot in PVC Market, Jwalapuri, Delhi, who had plots of 21 sq. meter and 84 sq. meter, they were offered plots of 45 to 55 sq. meter and 124 to 131 sq. meter at the new PVC Market, Tikri Kalan, Delhi in the year 2000.

(3.) AGAIN there was a complete silence from the year 2007 till March, 2010. In the meeting chaired by Lieutenant Governor: Delhi on 28th April, 2010, it was resolved that premium for plot in PVC Market at Tikri Kalan will be charged on the basis of pre-determined rates (PDR) applicable on the day of payment of premium deposited for Jwalapuri plots plus additional amount as per Authority Resolution and in the follow-up meeting of 7th December, 2010, it was finally resolved that the premium of plots allotted to PVC traders at Tikri Kalan would be charged on the basis of PDR applicable on the date of payment of premium deposited for Jwalapuri plots updated by levying interest as per Authority Resolution and as the amount of updated PDR was found to be more than the current PDR of Tikri Kalan plots, the approval accorded by Lieutenant Governor : Delhi was to charge lower of the two rates from the allottees.