after transferring the land intimation was given to DDA and DDA had determined a 50% unearned increase which was paid. Disputes were pending between ... permission but DDA had not conveyed the unearned increase or where the lessee was conveyed unearned increase but the same was not paid, application
paid the unearned increase. In those circumstances, it was directed that the Tax Department should deposit the unearned increase with DDA for execution ... unearned increase is liable to be paid. It is submitted that the unearned increase is liable to be paid to DDA before the mutation
applied while calculating the actual unearned increase. In the alternate, it is submitted that even if unearned increase on the basis of pre-determined rates ... basis for calculating of unearned increase.
14. There is no doubt about the proposition that unearned increase is to be calculated as on the date
paid the unearned increase. In those circumstances, it was directed that the Tax Department should deposit the unearned increase with DDA for execution ... unearned increase is liable to be paid. It is submitted that the unearned increase is liable to be paid to DDA before the mutation
quantum of the unearned increase payable and not of seeking transfer or
offering to pay the unearned increase ... DDA were to be accepted, then no application as desired by the
appellant DDA having been filed with the DDA till date, the unearned
increase
Narela for the
purpose of calculation of unearned increase. According to the petitioners,
the unearned increase has to be calculated on the basis of auction ... unearned increase, whereas petitioners being
neighbours of the said properties would pay '4X' as unearned increase.
27. Moreover, respondent-DDA in the present
unearned
increase alongwith interest thereon.
9. The petitioner contested the aforesaid demand as according to
it, unearned increase was not payable on account of transfer ... amount of unearned
increase due of such transfer. The controversy involved in the present
petition does not relate to levy of unearned increase on such
rate the demand for unearned increase
stands reduced to approximately `1,500/- only.
2. The demand aforesaid for the unearned increase was with respect ... thereof being given to the appellant DDA, appellant DDA raised
the demand inter alia of the unearned increase of `15,09,31,495/- and
impugning
said Circulars of the DDA, DDA could not be held bound to compute the
unearned increase on the basis of market price declared ... entitled to 50% of the unearned increase. It is not in
dispute that the unearned increase is the difference between the premium
paid
DDA. DDA,
thereafter, by its letter dated 19.6.1992 asked the respondent to pay
Rs.6,51,020/- towards 50% of unearned increase in the value ... unearned increase
as aforesaid.
(5) The Lessor's right to the recovery of fifty per cent of the
unearned increase and the pre-emptive
