VIDEOCON INDUSTRIES LTD Vs. D D A

JUDGEMENT

(1.) In this proceeding under Article 226 of the Constitution of India, the petitioner claims directions for quashing of two orders/notices dated 22.08.03 and 25.08.03 issued by the Delhi Development Authority ("DDA"). By the impugned demand dated 22.8.2003, the DDA had directed the petitioner to pay Rs. 15,09,31,495/- towards un-earned increase (hereafter referred to as "the impugned UEI demand"); by the second demand dated 25-8-2005, it demanded Rs. 10,74,00,000/- towards ground rent and Rs. 3,56,00,000/- due to interest charges for belated payment on ground rent, both for the period from 28.11.1997 to 14.01.04 ( hereafter referred to as "the impugned ground rent demand").

(2.) One M/s Skipper Constructions (Pvt). Ltd had purchased a commercial plot, being No. E-1, Jhandewalan Extention, New Delhi, measuring 2548 sq.mts.(hereafter referred to as "the plot"), for constructing a multi-storeyed commercial complex, sometime in 1980. Some construction was carried out but later, the structure was left un-finished. After protracted litigation and under directions of the Supreme Court, the DDA floated a tender for re- auctioning of the plot with super structure, in 1994.

(3.) M/s Banganga Investments Pvt. Ltd. (hereafter "BIPL") participated in the auction and submitted its tender, offering to pay Rs. 70.1 crores for the plot. Since the bid was highest, it was accepted and eventually confirmed by the Supreme Court. The acceptance of the tender was communicated by the DDA to BIPL on 06.12.94.