DR. K.K. SHRIVASTAVA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE challenge in this writ petition is to a demand notice dated 28.2.2005 issued by the respondent Delhi Development Authority ('DDA') calling upon the Petitioner deposit a sum of Rs. 22,87,580 on account of '50 per cent of unearned increase' as demanded earlier by the DDA on 13.8.1996 together with 18 per cent interest from the date of issuance of the letter, as a pre -condition to mutate residential plot No. E -7, East of Kailash, New Delhi in favor of the Petitioner.

(2.) THIS case has a long history of litigation. The Petitioner was the family doctor of Shri Jaswant Singh who on 19.6.1983 executed a composite Will bequeathing all but one of his properties to his family members. The residential property at E -7, East of Kailash, New Delhi was bequeathed in favor of the Petitioner. On the basis of this Will, the Petitioner approached to the Court of District Judge in 1984 for grant of Letters of Administration. The heirs of Late Shri Jaswant Singh informed the Court that they had no objection to the property in question being transferred to the Petitioner.

(3.) AFTER Letters of Administration were granted in favor of the Petitioner by the District Court, Delhi by judgment dated 7.12.1984, the Petitioner applied to the DDA for mutation of the property in his name. Reminders were sent on 8.8.1987 and 21.12.1987.