A.C. Khuilar v. DDA

Delhi High Court · 29 Aug 2011 · 2011:DHC:17677
2011:DHC:17677
civil petition_allowed Significant

AI Summary

The court directed the DDA to refund the 20% surcharge collected from petitioners on flats allotted to them, following the precedent set in the A.C. Khullar case.

Full Text
Translation output
77, 91 & 44 to 51
% 29.08.2011
Present: Mr. S.K. Rungta, Sr. Adv. with Mr. Prashant Singh, Adv.for the petitioners.
Ms. Sangeeta Chandra, Adv. for DDA in W.P.(C)
Nos.3260/2011, 3262/2011, 3266/2011 & 3739/2011.
Mr. Arnit Mehra for Mr. Ajay Verma, Advs. for DDA in
W.P.(C)Nos.3258/2011, 3259/2011 & 3263/2011.
Mj Arun Birbal, Adv. for DDA in W.P.(C) No.3261 &
3264/2011.
Mr. M.K. Singh, Adv. for DDA in W.P.(C) No.3265/201 1.
WA(C) Nos. 3739/2011, 3266/2011, 3258/2011, 3259/2011, 3260/2011, 3261/2011, 3262/2011, 3263/2011 3264/2011 & 3265/2011.
JUDGMENT

1. The senior counsel for the petitioners contends that the controversy in these petitions is the same as in W.P.(C) 10778/2009 titled A.C. Khuilar vs. DDA decided on 14th March, 2011 and the petitioners herein are also entitled to the same relief as granted in the said order.

2. The counsels for DDA have fairly stated that the controversy is the same.

3. Ms. Sangeeta johandra counsel for the respondent DDA however LV informs that the respondent DDA is considering the proposal to extend the benefit of the order dated 14 th March, 2011 M AC

C. Khullar 'S case (supra) to all original allottees irrespective of whether they were the petitioners in the earlier litigation or not. It is informed that if the said decision is taken then the present petitions would become infructuous; time of 15 days is therefore sought to enable a decision to be taken. 1/a 2011:DHC:17677

4. ENDLAW, J 2/- AUGUST 29, 2011 pp.. M /

4. I am however of the opinion that no purpose would be served in keeping these petitions pending. The senior counsel for the petitioners has stated that the petitioners are not seeking any other relief than as granted in

A. C.Khullar's case. If the respondent DDA takes a decision as aforesaid, the petitioners in any case would be entitled to refund of the 20% surcharge paid. Else, if the respondent DDA decides to appeal against the judgment in
A. C.Khullar's case, it is deemed expedient that appeals against judgment in these petitionbe also preferred simultaneously and all counsels are heard in the said intra court appeals.

5 The petitions are therefore allowed. a The respondent DDA is directed to refund to each of the petitioners the 20% surcharge collected from each of them in respect of the flat allotted to them respectively and notwithstanding the office order dated 5th August, 2008 issued by the respondent DDA. The refund as aforesaid be made on or before 31St October, 2011. No order as to costs. Dasti.