FOUNDATION FOR ORGANISATIONAL RESEARCH & EDUCATION FORE SCHOOL OF MANAGEMENT Vs. SOUTH DELHI MUNICIPAL CORPORATION & ANR.

JUDGEMENT

(1.) The petitioner before this Court is the Foundation of Organisational Research and Education Fore School of Management (herein after referred to as the FORE) located at Qutub Institutional Area, New Delhi. On 10.10.2008 respondent no.1 / South Delhi Municipal Corporation had issued a notification for fixing of rates to be applied for conversion of mix land use and other charges for enhanced Floor Area Ratio (FAR) arising out of MPD-2021. The said notification interalia reads as under: <FRM>JUDGEMENT_219_LAWS(DLH)3_2017.html</FRM>

(2.) This notification was the subject matter of challenge before a Division Bench in a batch of writ petitions. Lead matter being WP(C) No. 9572/2009 titled South Delhi Education Society Vs. DDA and Anr. During the pendency of that petition the respondent / SDMC raised a demand on the petitioner for a sum of Rs. 2,10,27,645.00 as the additional FAR charges. This demand was honoured by the petitioner vide payment receipt dated 28.03.2012.

(3.) During the pendency of these petitions (before the Division Bench) a clarificatory notification dated 17.07.2012 was issued by the DDA. Relevant extract of the said notification reads herein as under: