LAWS(DLH)-2009-10-353

DDA Vs. ANJUMAN COOP. GROUP HOUSING SOCIETY LTD.

Decided On October 28, 2009
DDA Appellant
V/S
Anjuman Coop. Group Housing Society Ltd. Respondents

JUDGEMENT

(1.) DDA has challenged the order dated 24.1.2003 passed by a learned Single Judge of this Court allowing WP(C) No. 7476/2000 resulting in the issuance of a mandamus directing DDA to issue a fresh demand -cum -allotment letter to the writ petitioner charging for the land @Rs. 3,533/ - per sq.mtr. Since the writ petitioner had deposited the premium charge @Rs. 4,063/ - per sq.mtr. it was directed that the differential sum be refunded within 6 weeks together with interest @12% per annum from the date the amount was deposited till the date the same was refunded.

(2.) FACTS noted by the learned Single Judge are not in dispute. Many co -operative societies had registered themselves with the Registrar Co -operative Societies and as per the departmental policy of DDA i.e. the appellant, depending upon the membership of a co -operative society as certified by the Registrar Co -operative Societies, land used to be allotted at predetermined rate as applicable and in force when the allotment letter -cum -demand letter was issued. Writ Petitioner society was one such society which had registered itself with the Registrar Co -operative Societies.

(3.) DRAW of lots for allotting specific plots to various co -operative societies whose names were cleared by the Registrar Co -operative Societies till the year 1998 was held somewhere in the year 1998 and to these co -operative societies land was allotted by issuing demand -cum -allotment letter on different dates in the year 1999; the rate being charged @Rs. 3,533/ - per sq.mtr.