KALSI FINANCE PVT. LTD. Vs. D.D.A.

JUDGEMENT

(1.) The petitioner firm is invoking the extra ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, 1950, seeking the issuance of an appropriate writ or direction for quashing of the impugned order dtd. 07/13/10/2003, passed by the His Excellency Lieutenant Governor/Director (Lands), and further seeking quashing of the demand of the composition fee amounting to Rs.39,75,657.00 in respect of Plot No. B-96/3, Naraina Industrial Area, Phase- Clarifications sought on 22/10/2024 and Judgment reserved., New Delhi (hereinafter referred as 'the plot in question'). The petitioner firm also seeks a direction requiring the respondent to refund the amount of Rs.3,54,302.65, which was wrongly charged to the petitioner as an unearned increase.

(2.) It is the case of the petitioner firm that it was originally conducting its business at premises located at No. 119, Idgah, Motia Khan, Delhi. However, the said premises was declared non- confirming for industrial use as per MPD-19622. In light of this, the DDA3, under the statutory scheme of Large-Scale Acquisition and Disposal, offered the petitioner the plot in question in a confirming area. At the time of the allotment, the petitioner firm was a part of M/s Matchless Appliances (India), a partnership firm comprising of the petitioner firm along with Sh. Harbans Singh, and Sh. Jaswant Rai Saggi.

(3.) A demand letter dtd. 30/4/1969 was issued by the DDA, informing the petitioner of the allotment and requiring payment of half of the total premium for the plot in question. However, the allotment was subsequently cancelled by the DDA through a letter dtd. 29/9/1970, citing the petitioner firm's failure to make the required payment of the premium. The petitioner firm transitioned into a sole proprietorship on 3/3/1971, and the petitioner firm sought substitution of its status as a sole proprietor with the DDA well in advance of taking possession of the plot in question. The petitioner made the payment on 31/3/1971.