JAIPUR GOLDEN CHARITABLE CLINICAL Vs. DDA

JUDGEMENT

(1.) Through the present appeal, the appellant Jaipur Golden Charitable Clinical Laboratory Trust, seeks to challenge the judgment and order dated 19.12.2002 delivered by a Learned Single Judge of this court, dismissing W.P.(C) No.1570/1989. The said writ petition was directed against the demand dated 8/13 December, 1988 raised by the respondent DDA, requiring the appellant to deposit an additional sum of Rs.14,89,837.50 with DDA. The appellant also sought a refund in sum of Rs.74,115/-.

(2.) The factual backdrop for the claim in the writ petition, as per pleadings therein, was that the appellant applied to DDA for allotment of land at pre-determined rates for setting up a hundred bed hospital at Rohini. Vide letter of allotment dated 14.5.1985, DDA allotted a parcel of land ad-measuring 2.45 acres and indicated that 2.0825 acres was for purposes of constructing a building to be used as a hospital and the remaining 0.3675 acres was to be used for staff quarters. It was indicated that the premium charged for 2.0825 acres of land was @ Rs.10,000/- per acre and for the rest @ Rs.6,00,000/- per acre. Thus, total demand raised was in sum of Rs.2,41,325/- which was paid without demur by the appellant. Thereafter on 10.1.1986 DDA demanded further sum of Rs.74,115/- in respect of the allotment stating that premium was charged @ Rs.6,00,000/- per acre in respect of 0.3675 acres of land ignoring that the said rate was applicable only for the years 1.4.1983 to 31.3.1985, as notified by the Central Government and that effective for the period 1.4.1985 till 31.3.1987, on 3.12.1985 the Central Government had notified that the rate applicable for the period 1.4.1985 to 31.3.1987 would be Rs.8,00,000/- per acre. This money i.e. Rs.74,115/- was also paid by the appellant without demur. Since on actual measurement at site the land was found to be in excess by 0.02 acres, additional premium in sum of Rs.1,908/- was paid by the appellant as demanded by DDA on 18.11.1985.

(3.) Before a perpetual lease deed could be executed in favour of the appellant, it made a request for further land to be allotted for purposes of a hospital building. On 11.11.1987 DDA allotted further 1.53 acres of land and intimated that the premium payable for the same was Rs.8,00,000/- per acre.