Mcd Vs. Charan Singh and ors. - Court Judgment

Excerpt:
allotment of plots in ghoga dairy colony, narela has been subject matter of various writ petitions. the said demand was challenged in writ petitions but without success and rejected vide judgment dated 24th december, 2010 in writ petition (civil) no. 12334/2009, rishi pal versus mcd and other cases. at the request of mcd, vide order dated 15th september, 2010, in the aforesaid writ petition, time for development of the colony has been extended till end of september, 2011. learned single judge by the impugned order dated 21st january, 2011 has examined the request of the respondents herein, who had also filed applications in the writ petition seeking extension of time to pay the balance price. 1. allotment of plots in ghoga dairy colony, narela has been subject matter of various writ petitions. the applications for allotment were invited in the year 2004 and the rate mentioned was rs.2,500/- per square meter. the allottees had deposited 50% of the price at the time of submission of the application for allotment and the balance 50% @ rs.2,500/- per square meter was subsequently deposited. 2. the rates were enhanced. the allottees were asked to deposit rs.36,560/- per square meter but later on the appellant-municipal corporation of delhi vide resolution no. 78 dated 24th may, 2010 decided to charge rs.7,000/- per square meter on "no profit no loss basis". the said demand was challenged in writ petitions but without success and rejected vide judgment dated 24th december, 2010 in writ petition (civil) no. 12334/2009, rishi pal versus mcd and other cases. however, to avoid hardship to the allottees, they were given opportunity to pay the differential price within four weeks together with interest @ 10% per annum from the last date prescribed till payment was made. 3. there was also delay in completion of the relocation process and development of the ghoga dairy colony. the said development of the ghoga dairy colony was undertaken pursuant to directions given by the high court in the writ petition (civil) no. 3791/2000, common cause versus union of india/mcd. at the request of mcd, vide order dated 15th september, 2010, in the aforesaid writ petition, time for development of the colony has been extended till end of september, 2011. 4. learned single judge by the impugned order dated 21st january, 2011 has examined the request of the respondents herein, who had also filed applications in the writ petition seeking extension of time to pay the balance price. he has recorded that the respondents herein have accepted the judgment of the learned single judge dated 24th december, 2010 passed in writ petition (civil) no. 12334/2009, rishi pal versus mcd and other cases, but had stated that they were unable to pay the balance amount within four weeks as directed. the learned single judge has granted them time to make payment till end of september, 2011 but on the condition that the amount if not paid within four weeks as originally granted vide judgment dated 24th december, 2010, they will be liable to pay interest @ 12% per annum for the last date prescribed for payment till the date of payment. this has been done in view of the order passed in writ petition (civil) no. 3791/2000 by which mcd has been given time till end of september, 2011 to remove illegal dairies from non-conforming areas by developing the said colony. the learned single judge has further directed that the respondents shall not be entitled to any extension and will have to stop and discontinue the illegal dairies after end of september, 2011. 5. in view of the reasoning given by the learned single judge, which we concur, we see no ground to interfere with the impugned order and accordingly the present appeal is dismissed.