Delhi High Court
Mcd vs Charan Singh & Ors. on 2 May, 2011
Author: Sanjiv Khanna
$~39.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LETTERS PATENT APPEAL NO. 404/2011
Date of order: 2nd May, 2011
MCD ..... Appellant
Through Ms. Madhu Tewatia & Ms.
Sidhi Arora, Advocates.
Versus
CHARAN SINGH & ORS. ..... Respondents
Through Nemo.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporter or not ?
3. Whether the judgment should be reported in the Digest ?
SANJIV KHANNA, J.:
Allotment of plots in Ghoga Dairy Colony, Narela has
been subject matter of various writ petitions. The applications
for allotment were invited in the year 2004 and the rate
mentioned was Rs.2,500/- per square meter. The allottees had
deposited 50% of the price at the time of submission of the
application for allotment and the balance 50% @ Rs.2,500/-
per square meter was subsequently deposited.
LPA No. 404/2011 Page 1 of 4
2. The rates were enhanced. The allottees were asked to
deposit Rs.36,560/- per square meter but later on the
appellant-Municipal Corporation of Delhi vide resolution No. 78
dated 24th May, 2010 decided to charge Rs.7,000/- per square
meter on "no profit no loss basis". The said demand was
challenged in writ petitions but without success and rejected
vide judgment dated 24th December, 2010 in Writ Petition
(Civil) No. 12334/2009, Rishi Pal versus MCD and other
cases. However, to avoid hardship to the allottees, they were
given opportunity to pay the differential price within four weeks
together with interest @ 10% per annum from the last date
prescribed till payment was made.
3. There was also delay in completion of the relocation
process and development of the Ghoga Dairy Colony. The
said development of the Ghoga Dairy Colony was undertaken
pursuant to directions given by the High Court in the Writ
Petition (Civil) No. 3791/2000, Common Cause versus Union
of India/MCD. At the request of MCD, vide order dated 15th
September, 2010, in the aforesaid writ petition, time for
development of the colony has been extended till end of
September, 2011.
LPA No. 404/2011 Page 2 of 4
4. Learned single Judge by the impugned order dated 21st
January, 2011 has examined the request of the respondents
herein, who had also filed applications in the writ petition
seeking extension of time to pay the balance price. He has
recorded that the respondents herein have accepted the
judgment of the learned single Judge dated 24th December,
2010 passed in Writ Petition (Civil) No. 12334/2009, Rishi Pal
versus MCD and Other cases, but had stated that they were
unable to pay the balance amount within four weeks as
directed. The learned single Judge has granted them time to
make payment till end of September, 2011 but on the condition
that the amount if not paid within four weeks as originally
granted vide judgment dated 24th December, 2010, they will be
liable to pay interest @ 12% per annum for the last date
prescribed for payment till the date of payment. This has been
done in view of the order passed in Writ Petition (Civil) No.
3791/2000 by which MCD has been given time till end of
September, 2011 to remove illegal dairies from non-conforming
areas by developing the said colony. The learned single Judge
has further directed that the respondents shall not be entitled to
any extension and will have to stop and discontinue the illegal
LPA No. 404/2011 Page 3 of 4
dairies after end of September, 2011.
5. In view of the reasoning given by the learned single
Judge, which we concur, we see no ground to interfere with the
impugned order and accordingly the present appeal is
dismissed.
SANJIV KHANNA, J.
CHIEF JUSTICE
MAY 02, 2011
VKR
