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
question of charging of any unearned
increase including multiple transactions on Power of Attorney.
In fact the unearned increase has to be refunded back ... granted by the competent court) except on payment
of 50% unearned increase. The DDA had relied on a policy formulated
payment of unearned increase, which petitioner did and had also
undertaken to pay the additional unearned increase upon finalization
of DDA's policy ... demand of additional unearned increase is well
justified, particularly in view of the fact that petitioner had earlier paid
unearned increase at the time
thereof being given to
the respondent DDA, the respondent DDA raised a demand inter alia of
unearned increase and impugning which ... substituted by claim for conversion by
payment of unearned increase demanded by DDA, subject to decision of the
SLPs aforesaid and as "orally directed
appellant that permission for transfer
stood revoked. Aforesaid demand of unearned increase by DDA
was challenged by the respondent ... delay in its specific performance was due to exorbitant unearned
increase demanded by DDA and since the requirement of payment of
unearned increase has been
consideration recorded is `29 lakhs and out of
which the unearned increase payable to DDA had to be
deducted and paid to DDA ... seller and
`11,35,349/- to DDA towards their claim for unearned increase
i.e. paid the agreed sale consideration as per the agreement
permission of the lessor i.e. DDA and for which he would pay 50% of the unearned increase. The sub-lessee entered into an ostensible ... restoration and paid the restoration charges and unearned increase and obtained sale permission from the DDA and thus acquired title to the property, further holding
considerable sum of money inasmuch as
unearned increase would have to be paid to DDA.
21. The appeal is dismissed but without there being
legitimate charges including unearned increase,
penalty etc., if any, admissible under the rules and policies of the DDA, in
case DDA agrees to restore ... payable by respondent No.2 including penalty, unearned
increase, etc. under the rules and policies of the DDA as a condition
precedent for transfer
consideration of `.
21 Lakh plus the amount of unearned increase to be charged by the DDA
for the said transfer. The sale agreement was entered ... dispute that after the unearned increase amount is taken into
account, as indicated by the DDA, the value of the apparent consideration
of the property
