Om Prakash v. Delhi Development Authority

2. The traders carrying on business in PVC Market, Jawalapuri, however, were not satisfied with the area of plots DDA proposed to allot to them and wanted plots of bigger size with increased FAR. In the year 2006- 07, the DDA revised the rates of the plots from Rs.7374/- per sq meter to Rs.9813/- per square metre and issued letters asking the appellant to deposit the amount calculated at the aforesaid rate within 60 days. The petitioners in W.P(C) Nos.4026/2011, 4027/2011, 6850/2011, 4028/2011, 4029/2011, 4031/2011, 4032/2011, 4034/2011, 4035/2011, 4036/2011, 4038/2011, 6719/2011, 6724/2011, 6725/2011, 6848/2011, 6849/2011, 6851/2011, 1354/2012, 1355/2012, 1363/2012 and 1367/2012 deposited varying amount in the year 2006-07 but none of them except the petitioners in W.P(C) Nos. 4027/2011, and 6851/2011 deposited the entire amount demanded by DDA. In the year 2011, DDA further enhanced the land rates to Rs.16,931/- per square metre, and issued allotment letter in respect of plots measuring 300 square metres each to them at the aforesaid rate of Rs.16,931/- per square metre which also was stated to be a provisional rate. Being aggrieved from the aforesaid decision, a number of writ petitions were filed in this Court. The said petitions except WP(C) No. 4027/2011 and 4029/2011 were dismissed, granting four weeks time to said petitioners to pay the land premium, demanded by DDA, after adjusting the payment already made by them. The petitioner in WP(C) No. 4027/2011 and 4029/2011 were held to be entitled to allotment of plots allotted to them at the pre-determined rate of the year 2007 i.e. Rs 9813 per square metre, on the ground that they had promptly paid, from time to time, the amount demanded by DDA.

3. During the cause of hearing, having noticed that DDA had never offered plots measuring Rs.300 per square metre each to the appellants at a rate less than Rs.16,931/- per square metre and the earlier communication sent by DDA with respect to allotment of plots at Tikrikalan were in respect of plots measuring 125 to 131.75 square metres each, and, therefore no legal right accrued to them for allotment of plots measuring 300 sq. mts. each, at the rate of Rs.7374/- or Rs.9813/- per sq. mtr., we asked the learned counsel for the appellant to take instruction as to whether the appellant wanted smaller plots at the pre-revised rates or they wanted plots measuring 300 square metres @ Rs.16,931/- per square metre. Learned counsel appearing for the appellant, on instruction, stated that the appellant wanted only plots measuring 300 square metres each even if they have to pay higher price, but do not want plots of lesser size even on the lesser rate. He, however, submitted that either DDA should not charge any interest on the balance amount payable by the appellants @ Rs.16,931/- per square metre or if it is not possible the appellant should be given one year time to make payment, along with NOC to mortgage the aforesaid plots with the banks/financial institutions, so as to raise loan for payment to DDA. This, however, was strongly opposed by the learned counsel appearing for DDA. He, however, fairly stated that DDA is ready to grant three more months to the appellants to pay the balance amount at the rate Rs.16,931/- per square metre, along with interest on the balance amount at the rates stipulated by DDA in this regard.

4. Since the appellant did not make payment within the time stipulated in the allotment letter issued by DDA in respect of plot measuring 300 square metre each, they are required to pay interest on the balance amount calculated @Rs.16,931/- per square metre, which still remain payable by them to DDA. As regards extension of time for making the balance payment, we are of the view that a period of three months for this purpose would be adequate. As regards grant of NOC for the purpose of raising loan against the plots offered to the appellant, they can apply to DDA and such a request, if made by them, shall be considered by DDA as per its rules and policy in this regard.

5. For the reasons stated hereinabove, we dispose of all the appeals by granting time to the appellants to pay the balance amount calculated @ Rs.16,931/- per square metre along with interest at the rate of 12% per annum on that amount, within a period of three months from today, failing with DDA shall be entitled to withdraw the offer/allotment made to the appellants. We also direct that if the appellants apply to DDA for issue of NOC/permission required to raise loan against the plots allotted to them, such request would be considered and decided by DDA as per its rules and policy in this regard, within two weeks of receipt of such a request. We also direct DDA, to communicate to the appellants within two weeks from today the balance amount payable by them along with interest @ 12% per annum calculated up to the date of the said intimation. The appeals stand disposed of with above order. There shall be no order as to costs.

CHIEF JUSTICE V.K. JAIN, J MARCH 07, 2013 rd