DELHI DEVELOPMENT AUTHORITY Vs. ASHOK KUMAR BEHL
SUPREME COURT OF INDIA (FROM: DELHI)
DELHI DEVELOPMENT AUTHORITY
ASHOK KUMAR BEHL
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Bhan, J. -
(1.)Appellant-Delhi Development Authority (hereinafter referred to as 'the authority') formulated a Scheme known as "Registration Scheme on New Pattern 1979" (for short 'the Scheme') to build and sell MIG/LIG and Janta flats so as to be within the reach of the common man.
(2.)Registration for the scheme opened on 1st September, 1979, in the scheme the illustrated price of various categories of flats were mentioned. The likely cost of MIG flats with which we are concerned in these appeals was indicated to be Rs. 42,000/-. On 30th of September, 1979, registration was closed. About 1,70,000 persons registered themselves in the scheme. In 1981, allotment started taking place by draw of lots based on randomised allotment. The cost of flats was worked out after taking into account the prevailing rate of land by the Lt. Governor. The cost of construction was worked out by dividing the cost incurred in construction of a pocket of flats by a number of flats in that pocket. Clauses 13 and 14 of the brochure are as follows :
"Clause 13. The plinth area of the flats to be constructed under new pattern is likely to be as under :-
MIG Between 60 to 65 Sq. Mtrs.
LIG About 38 Sq. Mtrs.
Janta Up to 24 Sq. Mtrs.
The accommodation in the flats under different categories will be as under :-
MIG One Living Room, 2 Bed Rooms, Kitchen, Bath Room and W. C. and Open Court-yard.
LIG 2 Rooms, Kitchen, Bath Room and W. C.
Janta One room, Kitchen, Bath Room and W. C.
The likely cost of flats constructed under this scheme will be as under:-
MIG Rs. 42,000/-
LIG Rs. 18,000/-
Janta Rs. 8,000/-
The prices are indicative and do not represent the final cost.
14. It may please be noted that the plinth area of the flats indicated and the estimated prices mentioned in the brochure are illustrative and are subject to revision/modification depending upon the exigencies or lay out, cost of construction etc."
(3.)Due to certain reasons with which we are not concerned at the moment, the allotments could not be made. On 6th of December, 1990 fresh rates of land to be taken into account for costing of flats were approved by the Lt. Governor. Whereas in 1979 the prevailing land rate was fixed at Rs. 62/- per sq. meter, the same was revised in 1990 to Rs. 870/- per sq. meter for MIG flats, Rs.660/- per sq. meter for LIG flats and Rs.500/- per sq. meter for EWS (Janata flats). The increased rate was approved after taking into consideration all the relevant factors involved.
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