Delhi High Court
Saluja Builders vs Dda on 23 September, 2002
Author: S K Kaul
Bench: S K Kaul
JUDGMENT
Sanjay Kishan Kaul, J.
1. This order will dispose of four writ petitions
which have been filed seeking directions against the
respondent to charge the land price/premium @
Rs. 5,200/- instead of Rs. 7,700/- and to refund the
excess amount charged from the petitioner as premium
for allotment of plots in Keshopur, New Delhi along
with interest.
2. The petitioners were running business at
Andheria Mor and were issued notices in pursuance to
certain directions passed by the Supereme Court in the
case of M.C. Mehta v. Union of India. The structures
of the petitioner along with 78 other shops were
removed on 3.4.96 and a public notice was published on
27.1.1997 stating that the persons would be charged @
Rs. 5,200/- per square metre. However, the
demand-cum-allotment letters issued on 31.3.1998
charged the rate at Rs. 7,000/- per square metre. The
petitioner paid the amounts without protest. However,
subsequently one of the persons filed a writ petition
CW 4074/98 Lamba Electric Works v. DDA challenging
the said increase. The said writ petition was allowed
on 8.12.1999 and it is thereafter on the basis of the
said judgment that the present writ petitions has been
filed. Learned counsel for the respondent, however,
submits that the petitioners would not be entitled to
the same relief since they have not paid under protest
but paid unconditionally. It is further contended that
a notification dated 11.2.2000 was issued and the
Government of India, Ministry of Urban Development in
exercise of the powers conferred under the Delhi
Development Authority (Disposal of Development Nazul
Land) Rules, 1981 notifying the pre-determined rate of
Rs. 7,000/- per square metre of the land in Dwarka for
allotment to marble dealers and automobile workshops
evicted from South Central Ridge.
3. In so far as the allotment of plots in Keshopur
is concerned, the rates published vide notice dated
27.1.1997 were modified by a corrigendum dated
19.12.2000 issued in the 'Navbharat Times' intimating
the rates of allotment of the plot in Keshopur may be
read as Rs. 7,000/- per sq. meter for the year 1997-98.
Further a circular dated 1.1.2001 was issued by the
Director (Lands) of DDA to the following effect:--
"Delhi Development Authority had
invited applications for the allotment
of Plots at Keshopur at the rate of
Rs. 52,000/- per Sqm. This rate was
considered as per the PDR for the year
1996-97. Now the Ministry of Urban
Development, Government of India has
notified the pre-determined rates of
Rs. 7,000/- per Sqm. of land for marble
dealers and automobiles work shop
evictes from South Central Ridge for
the year 1997-98. The rates for
allotment of plots at Keshopur may
therefore be read as Rs. 7,000/- per
Sqm. for the year 1997-98."
4. The aforesaid circular was expressly
communicated to the petitioner as is apparent from
the circular itself. It is further stated that the
change in the rates made by Ministry of Urban
Development, Government of India is in terms of the
statutory rule in the form of Rule 2(1) of the DDA
(Disposal of Development Nazul Land) Rules and that
the DDA is bound to follow the said rates.
5. In view of the aforesaid, notification,
in my considered view, the petitioner cannot be
treated at par with Lamba Electrical's case (supra)
as there is no challenge in this writ petition to
the said notification. It is also relevant to note
that the petitioner had paid the amounts without
protest. As to what would be the consequence of
the same need not be gone into in the present
proceedings. In my considered view the writ
petition will not survive for consideration.
6. Dismissed.
7. However, liberty is granted to the petitioner to
take out appropriate civil proceedings in accordance
with law, in case the petitioner is so advised, for
challenge to the notification in question and for
consequent refund of the money.
