MAHESH YADAV Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Rule. Mr. Chopra waives notice of Rule. With consent of counsel for the parties the matter was heard for final disposal.

(2.) The Petitioner owns lands bearing No.14/19 and 14/20 Village Nangli Poona. He had approached the Reliance Industries for appointment as a Dealer; a dealership letter was issued on 17.9.2004 It is alleged that pursuant to the offer an amount of Rs.34.4 lakhs was deposited with the Respondent-Delhi Development Authority (hereafter called as the "DDA") as land use charges for setting up a petrol pump. Correspondence with the concerned municipal authorities and other regulatory bodies such as the Municipal Corporation of Delhi, Fire Services, Local Sub Magistrate etc. for licensing of petrol pump ensued. In the meanwhile, on 27.9.05, the DDA notified certain regulations in terms of Section 57 of the Delhi Development Act ("the Act"), as Regulations for Petrol Pumps on Private lands in NCT of Delhi. In terms of these regulations, petrol pumps were permitted on private lands not notified for acquisition, subject to certain norms and standards prescribed in Regulation 2.

(3.) It is alleged that there was some confusion in respect of the amount of land use charges; consequently, a further amount of Rs.13,01,475 was deposited with the DDA. Thus an aggregate amount of Rs. 47,52,000 was deposited with DDA towards land use charges.