GILLETTE INDIA LIMITED Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, impugning the demand of unearned increase for a sum of Rs.34,24,27,979/-, made by the respondent (hereafter "DDA") in terms of its letter dated 15.04.2013 read with letters dated 14.05.2013 and 13.01.2015. The petitioner also seeks a refund for an amount of Rs.3,94,57,027/-, which was paid by the petitioner to DDA in terms of the order dated 19.01.2011 passed in W.P.(C) 344/2011. In addition, the petitioner has also sought refund for certain other sums paid to DDA, in connection with the property bearing the address Plot No. E-31, admeasuring 9715.75 square yards, Okhla Industrial Area, Phase II, New Delhi (hereafter "the subject property").

(2.) The principal controversy in the present case relates to the levy of unearned increase in respect of the subject property. DDA claims that the subject property was transferred in the year 2005-06, as there was a material change in the shareholding of the petitioner. According to DDA, the said change in shareholding brought about the change in the effective control in the subject property, which is construed as a transfer,thereby entitling DDA to levy unearned increase. The petitioner disputes the above and contends that change in the shareholding cannot be construed as a transfer of the subject property. Factual Background

(3.) M/S Sharpedge Limited (hereafter "Sharpedge"), a Company incorporated in India,acquired the subject property on 11.06.1974 in an auction conducted by DDA.