Sanjay Kishan Kaul, J.@mdashThe petitioners have filed these writ petitions in view of the failure of the respondent to allot plots to them at GT Karnal Road, Delhi and to give possession to them.
2. In the year 1976 the respondent announced a scheme for development of a transport centre to be named as Sanjay Gandhi Transport Nagar and the petitioners along with other persons applied for registration to be considered for allotment of plots in Transport Nagar and paid the initial 25% of the amount. Thereafter various demands were made which were also paid. A draw of lot was held on 27.12.1986 when allotments were made but the plots were not handed over to the petitioners though they have been allotted specific plots.
3. The counter affidavit filed by the respondent on 16.4.1999 states that the allotment in favor of the petitioners could not be made because of stay orders issued by Hon''ble Supreme Court of India. It is stated that various allotment were made but about 215 plots could not be allotted. In so far as costs of the plot is concerned, it is submitted that the same was worked out to Rs. 500/- per sq. metre besides electrification charges and finally the respondent charged only 425/- per sq. metre for the plots and Rs. 55/- per sq. metre for electrification charges. The electrification charges were Rs. 75/- per sq. metre for persons who had made late payment of electricity connection charges and that the respondent had incurred an overall deficit and the plots were made available at subsidised rates.
4. It is not disputed on behalf of the respondent that the plots could not be handed over to the petitioners only because of certain interim orders of the Supreme Court which were subsequently vacated. It is also not disputed that the petitioners who have paid the full amount initially demanded of Rs. 425/- per sq. metre plus Rs. 55/- per sq. metre have been without possession of the plots. In some cases Rs. 425/- per sq. metre has been paid but electrification charges at Rs. 55/- per sq. metre not paid as they were stated not to have been demanded.
5. The counter affidavit has been followed up by various additional affidavits filed by the MCD where the issue of costing has been raised. The last additional affidavit has been filed dated 26.7.2001. It is stated in the said affidavit that about 1130 applicants were allotted plots in the past in Phase-I of Sanjay Gandhi Transport Nagar and in many cases leases were also executed and possession handed over. It is stated that costing was attempted in the year 1993 when it came to Rs. 3,600/- per sq. metre and it was further reviewed in the year 1998 when it was fixed at Rs. 6190 per sq. metre. This increased to Rs. 8,000/- per sq. metre in the year 2000. It is stated that this jump in costs was mainly due to increasing interest on premium as also ground rent and was worked out originally on the basis of land rate of Rs. 3 lacs per acre. Subsequent representations were received by the association of the transporters and this cost was worked out at Rs. 1.64 lacs per acre and in terms thereof the cost has been worked out at Rs. 4,500/- per sq. metre. Along with affidavit a statement has been filed which shows that premium has been charged on the land @ 10% as also interest on premium and ground rent.
6. I fail to appreciate how these charges could have been levied when the plots have not been handed over to the petitioners despite the fact that they paid full amount for the same. It is not disputed that allotments made to other persons in whose cases there was no stay was at the cost of Rs. 425/- per sq. metre plus Rs. 55/- per sq. metre. The petitioners were identically situated to these persons but there were stay orders granted by the Supreme Court in respect of the petitioners alone with the result that while the others were handed over possession of the plots the petitioners could not be handed over the possession. The stay orders were subsequently vacated.
7. In my considered view a different set of costing cannot be charged from these petitioners who had paid the full amounts as compared to other persons who were allotted plots at the same time. Needless to say that this principle would apply only to those persons who had paid the full amount of the charges as per the initial demanded amount and would not be applicable to such of the persons who had failed to make the full payment of Rs. 425/- per sq. metre plus Rs. 55/- per sq. metre. The petitioners have thus suffered for these number of years when their amounts have been lying deposited with the respondent. It is stated by leaned counsel for the petitioner that in some of the cases though the amount of Rs. 425/- per sq. metre has been paid the amount of Rs. 55/- per sq. metre was not paid since it was not demanded. These were on account of electrification charges. In the counter affidavit it is stated that those persons who made late payment of electricity connection were asked to pay at Rs. 75/- per sq. metre. In view thereof I am of the considered view that in those cases where amount of Rs. 55/- per sq. metre has not been paid, the petitioner should be charged @ Rs. 75/- per sq. metre as electrification charges treating them at par with cases of late payment of electricity charges. Further, in case any of the petitioners have not been made allotments of specific plots the same should also be done within a period of four weeks.
8. Taking into consideration the aforesaid facts and circumstances the writ petitions are allowed and it is directed that the petitioners who have made full payments of Rs. 425/- per sq. metre plus Rs. 55/- per sq. metre and those who had only made payment of Rs. 425/- per sq. metre on payment of balance of Rs. 75/- per sq. metre as aforesaid within four weeks should be handed over the possession of the plots allotted to them within a period of eight weeks from today. It may be relevant to note that the respondent has been unable to point out as to whether any of the petitioners have not made the said payment and it is in view that the present order has been passed but due care has been taken to confine the benefit of the order to the petitioners who have paid the said amount.
9. In case full payment has not been made @ Rs. 425/- per sq. metre then it will be open to the respondents to charge at the new determined rate of Rs. 4,500/- per sq. metre.
10. In so far as the escalation of the amounts stated to be demanded from the respondent by the DDA is concerned, in case the same is recoverable from the allottees of the plots, the same will have to be spread out evenly amongst all the allottees and cannot be confined only to those persons who have yet to be handed over possession of their respective plots. In case such an eventuality arises, it is open to the respondent to take out appropriate proceedings in respect of the same and the said issue has been left open.
11. Writ petitions are disposed of in the aforesaid terms leaving the petitioner to bear their own costs.
