Janyug Cooperative Group Housing ... vs Delhi Development Authority And ...
2003 Latest Caselaw 1038 Del

Citation : 2003 Latest Caselaw 1038 Del
Judgement Date : 18 September, 2003

Delhi High Court

Janyug Cooperative Group Housing ... vs Delhi Development Authority And ... on 18 September, 2003

Equivalent citations: 2003 VIIIAD Delhi 326, 107 (2003) DLT 760

Author: S K Kaul

Bench: S K Kaul

ORDER

Sanjay Kishan Kaul, J.

1. The petitioner society was initially allotted land at Dallupura/Kondli on 12.12.1984 and since in terms of the Building Bye-laws, 1983, the proposal was to be approved by the Delhi Urban Art Commission being for more than 2000 sq. mtrs. of built up land, a plan was submitted to the said Commission.

2. The plan submitted by the society was not approved by the Delhi Urban Art Commission and thus the occasion for the respondent DDA to sanction the plans did not arise. In view of the lack of approval from the said Commission, the petitioner was allotted alternative land at Sector 14 Extn. Rohini vide lease deed dated 12.3.1990 and physical possession was given on 2.5.1988.

3. The only controversy involved in this writ petition is about the claim of the respondents for ground rent and interest accrued thereon in respect of the land earlier allotted to the petitioner.

4. It is, however, not disputed that the petitioner was not in a position to construct on the land earlier allotted due to no fault of the petitioner. The plans were required to be approved by the Delhi Urban Art Commission which were not so approved and this was accepted by the respondent who gave an alternative plot to the petitioner society and the petitioner society had paid the ground rent, in terms of the said allotment.

5. In my considered view, the petitioner cannot be called upon to pay the ground rent for the land earlier allotted to the petitioner and the petitioner society is liable only for the ground rent in respect of the plot allotted to the petitioner at Sector 14 Extension, Rohini.

6. In view of the aforesaid, the payment of ground rent and interest in respect of allotment at Kondli is hereby quashed.

7. The rule is made absolute and the parties are left to bear their own costs. It is, however, made clear that in the case the is any pendency of dues against the petitioner in respect of the allotment at Rohini, it is open to the respondents to recover the same with interest according to the policy of the respondent.