ROHINI EDUCATIONAL SOCIETY (REGD.) Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present writ petition has been filed challenging the demand notice for penalty charges amounting to Rs 91,94,049/- vide letter dated 12.07.2013 issued by Delhi Development Authority to the petitioner Society. The challenge to the said notice is premised on being ultra vires the notification dated 17.07.2012 as well as in disregard of the orders passed by this Court on 20.07.2012 and 09.11.2012.

(2.) Brief facts relevant to the present adjudication are enunciated hereinafter.

(3.) The respondent/DDA issued Notifications under Section 57 of DDA Act, providing for fixation of rates for availing Additional FAR provided under MPD 2021, inter alia, with respect to Institutional Plots. The petitioner received a communication/demand letter from the respondent/DDA calling upon it to deposit a sum of Rs 3,98,40,879/- (Rupees Three Crore Ninety Eight Lacs Forty Thousand Eight Hundred Seventy Nine only) as charges for sanctioning Additional FAR. However, the calculation, basis, bifurcation and/or the constituents of the said demand were not disclosed by the respondent to the petitioner.