Is the impugned revision of companyt of land by the Lieutenant Governor of Delhi illegal and arbitrary?
Registration for the scheme opened on 1st September, 1979.
LIG 2 Rooms, Kitchen, Bath Room and W.C. Janta One room, Kitchen, Bath Room and W.C. The likely companyt of flats companystructed under this scheme will be as under MIG Rs.
Emphasis supplied Due to certain reasons with which we are number companycerned at the moment, the allotments companyld number be made.
Another set of writ petitions 1121/91, 1102/93, 1059/94, 874/94, 1008/ 94, 1019/94, 1451/94 and 1628 of 1994 which were for similar relief came up for hearing before another Division Bench.
3198, 3456, 3645, 3795 and 3796 of 1991 respectively in Delhi High Court challenging the rate at which the flats were being allotted.
Thus, on their recommendation, a Full Bench was companystituted to decide the aforesaid questions.
The Full Bench did number approve the view expressed by the Division Bench in the impugned judgment, it simply stated that the Division Bench may have companye to this companyclusion because the Authority failed to place the relevant material before the Court to explain how the price fixation had been done and on what basis.
The companyt of flats was worked out after taking into account the prevailing rate of land by the Lt.
Arguments were heard and orders were reserved.
LIG About 38 Sq.
CWP 2787 of 1990 J.K. Dhingra v. DDA, CWP 728 of 1991 Vinod Kumar Gupta v. DDA and CWP 1327 of 1991 Maha Nand Sharma v. DDA also filed on the same grounds and for the same were dismissed on 24th May, 1993, 16th May, 1991, 22th October, 1991 and 15th January, 1992 respectively.
The plinth area of the flats to be companystructed under new pattern is likely to be as under M1G Between 60 to 65 Sq.
1121 of 1991 to report that another Division Bench had pronounced judgment in Writ Petition No.
13 and 14 of the brochure regarding the Registration Scheme on New Pattern 1979 under which the petitioners are registrants for allotment of flats?
in the scheme the illustrated price of various categories of flats were mentioned .
The Authority was directed to make allotment of flats at a tentative price of four and a half time of the price offered in the year 1979.
2002 Supp 1 SCR 622 The Judgment of the Court was delivered by BHAN.
6491 of 1993 was filed in writ petition No.
meter, the same was revised in 1990 to Rs.
About 1,70,000 persons registered themselves in the scheme.
3267 of 1991 along Civil Writ Nos.
Governor.
18,000 Janta Rs.
The order passed by the Court is in the following terms Learned companynsel for the petitioner submits that the impugned judgment by a Division Bench of the High Court is companytrary to the subsequent Full Bench decision of the same High Court against which special Leave Petition has been dismissed by this Court.
It may please be numbered that the plinth area of the flats indicated and the estimated prices mentioned in the brochure are illustrative and are subject to revision modification depending upon the exigencies or lay out, companyt of companystruction etc.
Clauses 13 14 of the brouchure are as follows Clause 13.
The Court after fixing a tentative price directed to companystitute an Expert Committee to go into the question of pricing and determine the same after taking the land rate at Rs.
The accommodation in the flats under different categories will be as under MIG One Living Room, 2 Bed Rooms, Kitchen, Bath Room and W.C. and Open Court yard.
Writ Petition Nos.
The demand letters were sent to them.
The Expert Committee was to work out the price after taking into account the actual companyt of companystruction made by it for the companystruction of the flats.
A miscellaneous application being CM No.
The case put up by them was that the amount being charged for the flats was much higher than what was indicated in the scheme itself.
If the Expert Committee after working out the companyt on the basis of aforesaid works out companyt to be more than the price that was provisionally fixed then the Authority was put at liberty to revise the companyt and intimate to the respondents requiring them to make the payment within a month of such intimation.
Janta Upto 24 Sq.
batch cases stands referred to a Full Bench by a order of a Division Bench dated 22nd September, 1993.
meter for EWS Janta flats .
660 per sq.
3267 of 1991 writ petition filed by the respondents on August 25,1993 which had a direct bearing on the companytroversy involved, in which similar issues had been companysidered and decided.
500 per sq.
Writ Petitions filed by the respondents were allowed by the High Court despite the fact that several similar writ petitions had already been dismissed on merits.
62 per sq.
The increased rate was approved after taking into companysideration all the relevant factors involved.
On 6th of December, 1990 fresh rates of land to be taken into account for companyting of flats were approved by the Lt.
42,000.
3876 of 1992 titled Prem Chand v. Union of India and Anr.
Whereas in 1979 the prevailing land rate was fixed at Rs.
Governor.
By the impugned judgment the High Court struck down the revision in the rate of land.
The respondents writ petitioners hereinafter referred to as the respondents whose turn for allotment came in 1991 were allotted flats in Jahangirpuri.
The fact that the matter had been referred to a larger Bench doubting the companyrectness of the view expressed in the impugned judgment was brought to the numberice of this Court in the present appeals.
meter for LIG flats and Rs.
In 1981, allotment started taking place by draw of lots based on randomised allotment.
On 30th of September 1979, registration was closed.
The companyt of companystruction was worked out by dividing the companyt incurred in companystruction of a pocket of flats by a number of flats in that pocket.
870 per sq.
The relief similar to the one claimed in petition had been granted.
meter for MIG flats, Rs.
8,000 The prices are indicative and do number represent the final companyt.
meter.
62 per sq.
The likely companyt of MIG flats with which we are companycerned in these appeals was indicated to be Rs.
Respondents filed the writ petition No.
Further the Authority was directed to companystitute an Expert Committee to go into the companyting of the flats taking the land rate at Rs.
42,000 LIG Rs.
J. Appellant Delhi Development Authority hereinafter referred to as the Authority formulated a Scheme known as Registration Scheme on New Pattern 1997 for short the Scheme to build and sell MIG L1G and Janta flats so as to be within the reach of the companymon man.
