Delhi High Court - Orders
Veena Jindal vs Dsiidc & Anr on 14 March, 2024
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~92
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10092/2023
VEENA JINDAL ..... Petitioner
Through: Mr. Shagir Khan, Advocate.
versus
DSIIDC & ANR. ..... Respondents
Through: Mr. R.K. Dhawan, Standing Counsel
with Mr. V.K. Teng, Ms. Nisha
Dhawan and Ms. Shivani Taneja,
Advocates for R-1.
Ms. Mehak Nakra, ASC with Ms.
Aditi Kapoor, Mr. Abhishek Khari
and Mr. Devansh Solanki, Advocates
for R-2.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 14.03.2024
1. The Petitioner has approached this Court with the following prayers:
"a.) Direct the Respondent no.1 to refund the amount amounting to Rs. 6,11, 121/- which was deposited by the petitioner under protest.
b.) Direct the Respondent no.1 to comply the order dated 07.07.2008 in W.P (C) No. 534/2007 of the Hon'ble High Court of Delhi and order dated 16.02.2010 in Special Leave to Appeal (Civil) No. (S) 15620-1562112008 of the Supreme Court of India.
c.) And Issue any such other appropriate Order/orders This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/03/2024 at 02:01:02 or Direction as deemed fit and proper under the facts and circumstances of the case in the interest of justice."
2. The Petitioner herein is the proprietor of Jindal Packaging Industries who was allotted an industrial plot measuring 200 sq. mtrs on 25.04.2000 by Respondent No.1. Disputes arose between various plot owners regarding the size of the plots. The issue was settled by the Apex Court in a batch of petitions vide Order dated 16.02.2010. To put an end to the disputes regarding the interest payable on delayed payments, the Apex Court observed as under:
"16. As stated above, the issue before the High Court was about the allotment price and not about the interest payable on delayed payments. The allottees cannot therefore refuse to pay interest on the delayed payment. The Division Bench declined to make any clarification, on the application for review, as that was not the issue in the writ petition or the appeals before it. However to put an end to any uncertainty and possible disputes, we clarify that Corporation will be entitled to claim and receive from the allottees, interest as per the letter of allotment on delay/defaulted payments."
3. This Court had called for a status report from the Respondents justifying the calculation of Rs.6,11,121/-. The status report has been filed. Paragraph Nos.2 and 3 of the status report reads as under:
"2. That I say that an amount of Rs. 2,08,980/- was due and payable in respect of plot No. 273, Pocket -- J, Sector 1, Bawana, Delhi which was informed to the allottee vide letter dated 23.02.2010, 20.05.2010 & 25.06.2013. The amount was calculated at the rate of Rs. 8400/- for extra 50 sqm size of the plot in terms of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/03/2024 at 02:01:02 Hon'ble Supreme Court order dated 16.02.2010 in Civil Appeal No. 2165/2010.
3. That I further say that late payment interest payable was calculated on balance cost of plot @18% p.a. w.e.f. 23.03.2010 to 26.11.2020 which comes to Rs. 4,02,141/-. I say that the total amount payable by the allottee including due amount as well as late payment interest was Rs. 6,11,121/- in which the balance cost of plot wash Rs. 2,08,980 /- and interest amount was Rs. 4,02,141/- which was conveyed to the petitioner vide letter dated 23.11.2020 and thereafter vide letter dated 11.01.2021, annexure P-20; petitioner requested for the grant of lease rights as well as attached payment receipt of Rs. 6,11,121/- paid on 07.01.2021 besides enclosing payment receipt of Rs. 2,62,914/- paid on 07.01.2021 against lease / ground rent."
4. The issue is no longer res integra and this Court does not find any reason to interfere with the impugned amount charged by the Respondents.
5. In view of the above, the writ petition is disposed of, along with pending application(s), if any.
SUBRAMONIUM PRASAD, J MARCH 14, 2024 S. Zakir This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/03/2024 at 02:01:02