MEENAKSHI CHOUDHRIE Vs. D D A

JUDGEMENT

(1.) PETITIONERS of above captioned 35 petitions are the allottees/lessees of Industrial plots in the Mohan Cooperative Industrial Estate and they are challenging the levy of composition charges w.e.f. 1st January, 1993, by the respondent DDA. Since the grounds of challenge laid by the petitioners to the impugned imposition of composition charges for not completing the construction on the Industrial Plots allotted to them are identical, therefore the above captioned petitions were heard together and are being disposed of by this common order while treating W.P.(C) No. 4197/2000 and W.P.(C) No. 826/2001 as lead cases.

(2.) SINCE the basic amenities/infrastructure was not developed, therefore on the representation of Mohan Cooperative Industrial Society and its members, time for construction on the Industrial Plots was extended by the respondent from time to time and finally upto 31st December, 1992 without payment of composition fees. It is the case of the petitioners that they had sought extension of time to raise construction on their Industrial Plots in Mohan Cooperative Industrial Estate (hereinafter referred to as subject premises) and in the year 1996, respondent had conveyed to the petitioners that no extension of time without payment of composition charges can be granted beyond the year 1992, as respondent - DDA was not responsible for providing the essential services and because there has been massive conversion of the plots in this Estate from industrial to commercial use.

(3.) IN the counter Affidavit filed by respondent - DDA in May, 2001, it was asserted that basic amenities like water, sewerage and electricity are very much available and so, there is no justification for not raising construction by the petitioners upon the INdustrial Plots in question. To justify the refusal to waive of composition charges beyond December, 1992 the stand taken by respondent - DDA in the counter affidavit is that in A Block of Mohan Cooperative INdustrial Estate, 90 per cent of the plots have been built up. That is to say, out of 337 INdustrial Units in the Mohan Cooperative INdustrial Estate, 'no objection certificate' has been obtained in respect of 249 plots and so, there is hardly any justification for the petitioners not to raise construction over their INdustrial plots.