Gudiya Cooperative G/H Society ... vs Delhi Development Authority And ...
1991 Latest Caselaw 357 Del

JUDGMENT

S.B. Wad, J.

(1) Rule D.B.

(2) The petitioners are the Co-operative Societies to whom Nazul Lands are allotted by the D.D.A. Nazul lands are governed by the Delhi Development (Disposal of Developed Nazul Lands) Rules, 1981. The petitioners were directed to deposit a sum of Rs. 5,00,000.00 initially which the petitioners had deposited. Thereafter they were called upon to deposit a sum equal to 50% of the premium within 2 months. This direction of the respondents is challenged in thesis writ petitions. It is submitted in the writ petitions that according to Rule 24 of the said Rules the respondents cannot demand more than 25% of the premium amount as the first Installment. The petitioners submit that payment of 50% amount at the first stage itself would put a server burden on the Societies which considering the financial position of their members is unbearable The only question for decision in these petitions is whether the said demand of 50 % premium by the respondents is contrary to Rule 24 of the said rules. Counsel for the respondents submits that the said Rules are not applicable in the case of allotment to the Co-operative Societies which are in the nature of bulk allotment for group housing. It is then submitted that under Rule 45 of the said Rules the Central Government has given direction to charge the Co-operative Societies at the rate of 50% of premium as the first Installment. Rule 24 reads: "24.MANNER Of Realisation Of Premium Of Price Of PLOTS: Save as otherwise provided in rules 29, 36, and 40 premium or price of plots of nazul land chargeable in accordance with the provisions of these rules shall be realised in Installments in the following manner, namely :. (a) in the case of residential plots. 25% on allotment, 50 % at the time of handing over possession of the plots after roads have been laid and plots demarcated; and 25% at the end of one year from the date of handing over possession of the plot, or on completion of services which ever is later. (b) in the case of industrial or commercial plots, including plots to be allotted to the owners and occupiers of warehouses; 25% at the time of handing over possession of the plot after roads have been laid and plots demarcated; 50% at the end of one year from the date of handing over possession of the plot, or completion of services, whichever is later"

(3) Counsel for the respondents states that none of the petitioner societies fall under rules 29,36, or 40 and there is no separate provision in the rules for the allotment to the co-operative societies like the petitioners. We are of the opinion that since the lands admittedly are Nazul lands Rule 24 governs the manner of realisation of premium or the price of the plots. There is no merit in the statement of the respondents that the Central Government has issued directions under Rule 45 over-riding rule 24 of the same rules. The letter dated March 26, 1991 has been produced on behalf of the respondents. This letter is admittedly written long after the writ petitions had been filed. Thus it is clear that when the allotment was made and that when the amount equal to 50% of the premium was called from the petitioners there were no such instructions as allegedly issued under Rule 45 by the Central Government. The letter of March 26, 1991 does not even purport to be instructions which are meant for over-riding the provisions of Section 24. This is in the nature of some clarification issued by the Ministry of Urban Development. Exercise of power under Section 45 of the Rules presupposes a formal and more solemn promulgation of direction clearly indicating the source of power arid expressly directing the over-riding effect as instructions over the express provisions of Rule 24. We do not read the letter of March 26, 1991 as direction contrary to Rule 45.

(4) For the reasons stated above we hold that the manner of realisation of the premium or price of the plots in regard to the petitioner societies shall be governed by Rule 24 of the said rules and that the manner of Installments shall be governed by the said Rule 24. The collection of the amounts equivalent to 50% of the premium or other amounts that are collected which are contrary to the manner of realisation I aid down under Rule 24 are illegal and are quashed. The respondents are directed to refix the stages of the payment of the premium of the plots and the Installments according to the Act in strict compliance of the Rule 24 of the said Rules. The excess amount of Rs. 5,00,000.00 deposited by the petitioners at the initial stage shall be adjusted in the future payments made by the petitioner society to the respondents.

(5) We make it clear that those societies which have not deposited the amount equal to 25ø/o of the premium as directed by us earlier, shall not get the benefit of this order and the Administration is free to deal with them according to law.

(6) The writ petitions are allowed. There shall be no order as to costs.