RAJIV GUPTA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The facts in CW 350/95 could be stated thus: On the 27th of April, 1971, the land admeasuring 1,960 sq. yds. equal to 1,633 sq. metres was granted on perpetual sub-lease to one Satish Chander Malhotra. On the 25th of November, 1988, Satish Chander Malhotra sold his rights to the fourth respondent, Smt. Kaushlaya Rani Bhusari. On the 24th of October, 1993, the petitioner entered into an agreement for sale with the fourth respondent. On the 7th of January, 1994, the Appropriate Authority under the Income Tax Act, 1961 issued No Objection Certificate under Section 269UL(3) of the Income Tax Act, 1961. On the 1st of December, 1994, the DDA made a demand for Rs. 4.13 crores towards 50% unearned increase in the value of the land of the said property. On the 26th of December, the petitioner made a representation to the Joint Director (CS), DDA, objecting to the demand for Rs. 4.13 crores and requested that if it is revised to Rs. 1,07,18,444.50, the petitioner could pay the amount and on receipt of information, the petitioner would comply with the same. But that was not done. Therefore, the writ petition was filed and the petitioner has prayed for the following reliefs:

(2.) . The facts of this case could be narrated thus Shri Mangal Singh Monga, the father of the petitioners, was granted the perpetual sub-lease rights in property No. A-5/3, Government Servants Co-operative House Building Society Limited, Vasant Vihar, New Delhi - 110 067 admeasuring an area of 1,568 sq. yards. After the death of Mangal Singh Monga, the names of Ms. Harbans Monga and petitioners 1 to 7 were entered in the register of the DDA. Ms. Harbans Monga also died. Consequently, the petitioners 1 to 7 became entitled to the entire rights under perpetual sub-lease.

(3.) . On the 19th of February, 1994, the petitioners entered in to an agreement for the sale of the property to petitioners 8 & 9 for a consideration of Rs. 5 crores. An application under Section 37A was made to the A.ppropriate Authority for the grant of No Objection Certificate. On the 12/16th of May, 1994, the Appropriate Authority granted the No Objection Certificate undersection 269UL(3) of the Income Tax Act, 1961. On the 23rd of May, 1994, the petitioners jointly applied to the DDA for the grant of sale permission in respect of the said property.