Yashpal Madan And Ors. vs Govt Of Nct Of Delhi And Anr. [Along With ... on 15 May, 2007
It is clear that if the petitioners had challenged the price enhancement from Rs. 5,400/- to Rs. 7,776/- per sq. metre on the ground that it was related to any of these factors, then the writ petitions could not have been entertained in view of the various decisions referred to by Ms Salwan and particularly the decision of the Full Bench of this Court in Sheelawanti (supra) and the decision of Supreme Court in the case of DDA v. Ashok Kumar Behl (supra). But, as revealed by the respondents, the price hike from Rs. 5,400/- per sq. metre to Rs. 7,776/- per sq. metre was not on account of any of the aforesaid factors, but on account of the policy of charging 20% unearned increase annually. In these circumstances, the decisions relied upon by the learned Counsel for the respondent would not come in the way of the petitioners. The writ petitions would be maintainable and the respondents would have to justify as to on what basis the enhancement of the prices from Rs. 5,400/- to Rs. 7,776/- per sq. metre has been done. Merely citing a policy of 20% unearned increase annually would not be sufficient because that is not the cost of acquisition, nor is it the cost of construction/development, nor is it related to the location of flatted factories complexes/industrial areas, nor is there any other input. There are no other factors which have to be taken into account for arriving at the land price as indicated under the relocation scheme.