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INDIA BUSINESS WORLD - NOVEMBER 1st – NOVEMBER 15th 2008
DELHI HC DIRECTS MCD TO ALLOT PLOTS AT OLD RATES
The Delhi High Court directed the MCD to allot the plots at the old rates, as per their own notification, and only on the remaining 37% of the amount.
A bench comprising Justices A K Sikri and Reva Khetrapal directed the MCD to adhere to their own notification and charge the penalty only on the balance amount as the party had paid 63% of the amount earlier.
Petitioner Satish Dawar was alloted a plot of 440 sqm in the Sanjay Gandhi Transport Nagar under the MCD's rehablitation scheme.
The Corporation had demanded Rs 425 per sqm as the cost of the plot.
He, however, deposited the amount of the plot at the rate of Rs 270 per sqm, which was 63% of the total payment of the plot.
This payment was deposited prior to the allotment of the plots after which, one was alloted to him in 1995 after due process.
The remaining 37%, that is, Rs 155 was to be paid later on, which he somehow could not pay.
The MCD, later in 2005, passed a resolution that all those who had failed to deposit the payment could do so at the rate of Rs 4500 per sqm on the balance amount.
Lawyer for the petitioner, Mahinder Rana, contended that the MCD has erred in demanding the balance amount and despite depositing the entire money in the court; Mr Dawar did not get the plot as the Corporation demanded Rs 4500 per sqm on the entire amount, which was wrong.
More than 216 plot-holders were affected by MCD's order, Mr Dawar said.
The High Court held that the MCD, according to its own notification, has admitted that they will charge the penalty only on the balance amount, and hence it be followed, the court directed.
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