M/S KALSI FINANCE PVT. LTD. vs D.D.A.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on : 22 October 20241 Judgment pronounced on:08 January 2025 + W.P. (C) 1444/2004 M/S KALSI FINANCE PVT. LTD. ..... Petitioner Through: Mr. Rajiv Kumar Ghawana, Mr. Ashish Choudhary & Mr. Sachin Choudhary, Advs. versus D. D. A. ..... Respondent Through: Ms. Chand Chopra & Ms. Yogya Sharma, Advs. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT 1. The petitioner firm is invoking the extra ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, 1950, seeking the issuance of an appropriate writ or direction for quashing of the impugned order dated 07/13.10.2003, passed by the His Excellency Lieutenant Governor/Director (Lands), and further seeking quashing of the demand of the composition fee amounting to Rs. 39,75,657/- in respect of Plot No. B-96/3, Naraina Industrial Area, Phase-1, New Delhi (hereinafter referred as ‘the plot in question’). The petitioner firm also seeks a direction requiring the respondent to refund the amount of Rs. 3,54,302.65/-, which was wrongly charged to the petitioner as an unearned increase. 1 Clarifications sought on 22.10.2024 and Judgment reserved. Signature Not Verified W.P. (C) 1444/2004 Digitally Signed By:PRAMOD Page 1 of 24 KUMAR VATS Signing Date:08.01.2025 18:02:48 BRIEF FACTS 2. It is the case of the petitioner firm that it was originally conducting its business at premises located at No. 119, Idgah, Motia Khan, Delhi. However, the said premises was declared non- confirming for industrial use as per MPD-19622. In light of this, the DDA3, under the statutory scheme of Large-Scale Acquisition and Disposal, offered the petitioner the plot in question in a confirming area. At the time of the allotment, the petitioner firm was a part of M