CRESCENT PUBLIC SCHOOL SOCIETY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The Appellant has preferred an appeal under Clause X of the Letters Patent against the judgment and order dated 20th August, 2004 passed by a learned Single Judge in WP (C) No.917 of 2003.

(2.) The only issue that arose before the learned Single Judge and which arises before us is in relation to the demand of interest as contained in a letter dated 22nd December, 1999 sent by the Respondent to the Appellant. There is no dispute about other amounts that have been mentioned in the said letter.

(3.) By a letter dated 23rd April, 1991 the Appellant was allotted a plot of land for running a middle school. As per the policy of the Respondent, a part of the plot was to be built upon and a part of it was to be kept vacant for a play field. As per the allotment letter the Appellant was called upon to pay a provisional amount of Rs.10,91,414/- within 30 days, which amount was paid by the Appellant the next day itself. 4. Thereafter, the Respondent sent a letter dated 13th August, 1991 altering the ratio of land to be constructed upon and the land to be kept vacant for a play field. The change in ratio resulted in a larger area being made available for construction, as a result of which the Respondent raised an additional demand of Rs.3,72,896/- from the Appellant. This amount was paid by the Appellant well in time. 5. After having made the payment of Rs.3,72,896/-, the Appellant challenged the demand by filing WP (C) No.1817 of 1992 in this Court. In that writ petition, the Appellant made the following prayers:- a) call for the records of the case; b) quash by issue of writ of certiorari or any other appropriate writ, order or direction the determination of the cost of the land allotted to the petitioner to the extent it is in excess of the price worked out on 'no profit no loss' basis on the date the case was sponsored; c) quash the further enhancement of cost of land for Rs.19.00 lacs per acre to Rs.26.00 lacs per acre contained in letter No. d) quash the charge of further amount at 17.50% of the cost of land on account of the change in policy of allowing 50% of the area for building purpose as against 32.50% which was the norm earlier; e) direct Delhi Development Authority to refund the amount of Rs.3,72,896.00 with interest at 18% p.a. reckoned from the date of receipt of the amount; f) grant such further relief as may be deemed just and expedient in the facts and circumstances of this case; g) and award the costs of the petition.