OM PRAKASH KAPOOR Vs. D.D.A

JUDGEMENT

(1.) THE respondent DDA held an auction on 20.10.1984, for sale of plots meant for running cold storage. The bid of the petitioner having been accepted, plot No.273 New Subzi Mandi Okhla Industrial Area, New Delhi was allotted to him by the Delhi Development Authority for running a cold storage. The building plans for running cold storage were duly sanctioned by Delhi Development Authority. When the petitioner applied for a license to running a cold storage, the request was refused by the Government. Aggrieved from refusal of permission to run a cold storage, the petitioner filed a writ petition before this Court being W.P.(C). No.2935/1987. It transpired during the hearing of a aforesaid writ petition that since there were sufficient cold storages in Delhi, the Government was not willing to give license to the petitioner for running a cold storage. That position having been accepted by the petitioner, he sought an order for change of land use of the aforesaid plot from cold storage to commercial/office. The counsel appearing for Delhi Development Authority stated that entire building could not be allowed to be used for commercial purpose, whereupon, the counsel for the petitioner sought change of the land user on the extent of 70% of the building. The writ petition was, therefore, disposed of with the following directions.

(2.) ON 24.08.1999, the writ petitioner furnished undertaking to Delhi Development Authority to pay additional premium, if any, for change of user of the property in terms of above referred directions issued by this Court.

(3.) VIDE letter dated 11.10.2008, the petitioner requested Delhi Development Authority to furnish the basis formula for calculating the conversion charges demanded by it. The conversion charges were then communicated to the petitioner and the formula applied by Delhi Development Authority reads as under: