DELHI DEVELOPMENT AUTHORITY Vs. GILLETTE INDIA LIMITED

JUDGEMENT

(1.) This appeal by the Delhi Development Authority ("DDA") is directed against a judgment dated 9th May, 2019 passed by the learned Single Judge disposing of W.P.(C) No.7456/2013 filed by the Respondent Gillette India Limited ("GIL"). By the impugned judgment, the learned Single Judge has set aside the letter dated 15th April, 2013 read with letters dated 14th May, 2013 and 13th January, 2015 of the Appellant DDA, demanding from GIL unearned increase in the sum of Rs.34,24,27,979/- for executing the Conveyance Deed in relation to a property at Plot No.E-31, Okhla Industrial Area, Phase-II, New Delhi (hereafter, "the property in question"). The DDA has also been directed to refund to the Respondent Rs.3,94,57,027/- paid to the DDA by GIL in terms of an order dated 19th January, 2011 in W.P.(C) No.344/2011. Further, the DDA has been asked to compute the amount refundable to GIL, having regard to the decision of the DDA, as recorded in the order dated 26th July, 2012 passed in W.P.(C) No.7456/2013.

(2.) The facts in brief are that Sharpedge Limited, a company incorporated in India, acquired the property in question on 11th June, 1974 at an auction conducted by the DDA. Sharpedge Limited constructed an industrial building on the property in question, after obtaining necessary approvals for the building plans. Subsequently, on 5th July, 1978, a perpetual lease deed in respect of the property in question was registered in favour of Sharpedge Limited.

(3.) On 9th February, 1984, GIL, which was at that point in time known as Indian Shaving Products Limited ("ISPL"), acquired the entire shareholding of Sharpedge Limited. Thus, Sharpedge Limited became a wholly-owned subsidiary of ISPL.