SELF FINANCE WELFARE ASSOCIATION Vs. DDA

JUDGEMENT

(1.) This case has a chequered history. However, in view of the fact that controversy left now is in a narrow compass, it is not necessary to state facts of the case in detail. Only most relevant and material facts would be noticed.

(2.) Some time in the year 1978, Delhi Development Authority (DDA) allotted approximately 700 flats with servant quarters and car garages in bloc F, H, K & N in Malviya Nagar Extension (Saket) under the first self- financing scheme of installment payment basis. However, when 5th and final installment was demanded some time in December, 1978, DDA increased price of the units by adding to the original cost 'equalization and ad hoc charges'. The petitioner Association filed a civil writ petition being CWP No. 1304/ 1981 challenging the addition of equalization and ad hoc charges. This writ petition was allowed by this Court vide judgment dated 13.12.1984 directing DDA to delete equalization and ad hoc charges. It may be mentioned that during pendency of this writ petition, this Court passed orders directing allottees of the flats (members of the petitioners association) to deposit the said equalization and ad hoc charges as well.

(3.) After the aforesaid judgment, members of the petitioner Association became entitled to refund of this amount. However, DDA challenged the aforesaid judgment of this Court by filing Special Leave to Appeal. By Order dated 30.09.1985, Special Leave to Appeal was granted and on stay application filed by DDA, the Supreme Court passed the following order: -