unearned increase'. , it is the Society which should enjoy the
unearned increase.
(iv) Under the second proviso to Clause (e), the DDA ... justifying the demand for unearned increase.
9. It is evident from the above discussion that the demand for unearned
increase payment arose for the first
with the DDA. Later, on 28.04.2000, the DDA claimed
`1,43,90,238/- towards unearned increase and interest payable thereto. The
purchaser approached this Court ... Court is of the opinion that the contention by the DDA that unearned
increase was payable is unacceptable. It would be startling to accede
plaintiff by the learned
senior counsel that the aspect of unearned increase amount payable to
superior lessor for granting provision to sell the suit property ... that the amount of unearned increase is only an
ascertainable amount on payment of which the Delhi Development
Authority (DDA) would give permission as required
unearned increase, whereas
petitioners being neighbours of the said properties would pay
„4X‟ as unearned increase.
27. Moreover, respondent-DDA in the present case ... petitions has held that respondent-DDA shall be
entitled to claim interest on the fresh demands of unearned
increase."
26. Keeping in view
accordance with the rules prevalent for
DDA leases, including payment of unearned value increases etc.
(c) Applicant, qualified by criteria (a) and (b) above will ... accordance with the rules prevalent for the DDA leases
including payment unearned value increases.
This may be placed before the Ad hoc (R.P.) Committee
deed and therefore, the respondent was liable to
pay 50% of unearned increase in the value of the
property.
5. The High Court although extracted ... apply the clauses in
question seeking unearned increase. We are of the view, that if
the DDA really wishes to establish, that the will executed
Jagdish Khanduja vs Mr. Jatinder Khanduja on 29 August, 2016
IN THE COURT OF DR
fixed by the Govt. for allotment of
residential plots/flats. The DDA with the approval of Govt. of
India, Ministry of Urban Development had issued ... statement of market rates or
changing unearned increase for the colonies under the
control of DDA year wise. It is stated that the DDA
about 5 years later the marketable value of the land
increased 3-4 times according to the rates fixed by Govt. of
India ... statements of market rates for charging unearned increasing
for the colonies under the control of DDA yearwise for the
year of 1991 such rates
writing of
the DDA sell or transfer floor space constructed on the plot and vesting
the discretion in the DDA to allow the same ... DDA and further entitling the DDA to in its
discretion allow further sale or transfer after obtaining 50% unearned
increase on the proportionate land / floor
