Dav Centenary Public School & Anr vs Delhi Development Authority & Ors on 1 August, 2022

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Delhi High Court - Orders

Dav Centenary Public School & Anr vs Delhi Development Authority & Ors on 1 August, 2022

Bench: Sachin Datta

                          $~72
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 11350/2022
                                DAV CENTENARY PUBLIC SCHOOL & ANR.        ..... Petitioners
                                            Through: Mr. Ajay Harshana, Advocate.

                                                   versus

                                DELHI DEVELOPMENT AUTHORITY & ORS. ..... Respondents
                                             Through: Ms. Shobhan Takiar, Standing
                                                      Counsel for R-1 & 3.
                                                      Mr. Rishikesh Kumar, ASC for
                                                      GNCTD with Ms. Sheenu Priya and
                                                      Mohammad Zaid, Advocates.
                                CORAM:
                                HON'BLE MR. JUSTICE SACHIN DATTA
                                                   ORDER

% 01.08.2022 CM APPL.33418/2022 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. W.P.(C) 11350/2022 and CM APPL.33417/2022 (for stay)

1. The present petition has been filed by the petitioners seeking the following reliefs:-

"a. Restore the allotment of site/regularize the school building and execute a lease deed in favour of the petitioner; b. Quash the eviction proceedings initiated by the respondent No.3 against the petitioner No. 1 in the matter titled as "DDA Vs. DAV Centenary Public School" vide File No. EV/DAV COLLEGE/Mianwali/Paschim Enclave;

c. direct the Respondent no. 1 to refund the excess amount paid by the petitioners along with the same rate of interest as charged by Respondent No.1."

Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:04.08.2022 12:10:21

2. Learned counsel for the petitioners has relied upon the office noting dated 06.06.2002, stated to have been approved by the competent authority on 10.06.2002, wherein it has been noted as under:-

"The amount has already been worked on the basis of current zonal variant rate at page 221 at „A‟. If approved we may communicate this amount of Rs.2,43,08,884/- to the management wing for raising demand. Interest may also be charged from 1.12.01 till date (i.e. from 30 days after the issue of earlier demand letter at page 2439c as per condition stipulated therein."

3. Learned counsel for the petitioners submits that against the aforementioned amount of ₹2,43,08,884/-, the petitioner has already paid an amount of ₹3,38,00,000/-, which is far in excess of the payment due to the respondent.

4. Issue notice.

5. Learned counsel, as aforesaid, accept notice on behalf of respondent nos. 1 to 3, respectively.

6. Let counter affidavit be filed by the respondents within a period of one week from today. Rejoinder thereto, if any, be filed before the next date of hearing.

7. List on 20th February, 2023.

8. In the meantime, it is directed that no coercive action shall be taken against the petitioners pursuant to eviction proceedings stated to have been initiated.

SACHIN DATTA, J AUGUST 1, 2022 AK Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:04.08.2022 12:10:21

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Delhi High Court - Orders