SECRETARY CIVIL LINES CO-OP GROUP HOUSING SOCIETY Vs. DIRECTOR G H DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Briefly, the facts of the case are that the petitioner is a Cooperative Society and was registered with the Delhi Development Authority (DDA) as a Housing Society for allotment of land for giving plots to its members. However, at the instance of the DDA it got convened itself into a Group Housing Society vide No. E-46 (1310)/79/group Housing/971 dated 21.2.1979 for the allotment of land for construction of flats for its members. It was allotted land measuring 1.583 acres in Sector-IX, Rohini, at the rate of Rs.54.75p. per sq. meter. The complainant deposited an amount of Rs.3,50,824.30 with the DDA as the price of the land. It was, however, given possession of land measuring 1.556 acres. It is pleaded that it, therefore, has become entitled to recovery of Rs.6,019.75. the excess money paid by it to the DDA.

(2.) After the possession of the land was given to the complainant it started constructing the flats. When the construction of the structure is almost complete the defendant claimed the cost of land @ Rs.110/- per sq. meter. The excess amount at the said rate claimed by the defendant comes to Rs.3,41,933.75 p. The defendant has also claimed interest on the said amount @ 18% p. a. It is alleged that the defendant was not entitled to claim enhanced rate and interest.

(3.) It is further pleaded that the complainant approached the defendant for permission to mortgage the property for taking loan from Delhi Cooperative Housing Finance Society (D. C. H. F. S.) but it was not granted the same. The permission is required under Sec.27 of the Urban Land (Ceiling and Regulation) Act, 1976, hereinafter referred to as the Act.