Kishan Manuskhani v. DDA

i % 23.09.2010 Present:- Ms. Richa Kapoor with Ms. Alpana Pahdey for the petitioners. Mr. R. Veena for counsel for the respondent DDA in W.P.(C.) Nos. 1104/2010. Ms. Rajdipa Behura for the respondent DDA in W.P.(C) ; /: ' No. 8012/2008. i, Ms. Manisha Tyagi for the respondent DDA in W.P.(C) Nos. 7122/2009, 7476/2009, 9059/2009, 9160/2009 & 9161/2009. Ms. Madhumita Bhattacharjee for the respondent DDA in W.P.(C) No. 8154/2008. Ms. Manil<aTripathy Pandey for the respondent DDA in W.P.(C) No. 374/2009. Mr. Ral<esh Mittal for the respondent DDA in W.P.(C) No. 7162/2009. Mr. Mohit Verma for the respondent DDA in W.P.(.C) Nos. 10351/2009 & 10354/2009. Ms. Beenashaw Soni for the respondent DDA in W.P.(C) I No.11175/2009. i Ms. Sangeeta Chandra for the respondent DDA in W.P.(C) i Nos. 7416/2008, 11786/2009, 11790/2009 & 11796/2009. + W.P.fC.) Nos. 1104/2010. 7416/2008. 8012/2008, -WA 8154/2008. 374/2009. 7122/2009. 7162/2009, 7476/2009, I 9059/2009. 9160/2009, 9161/2009. 10351/2009. 10354/2009, 11175/2009. 11786/2009. 11790/2009. 11796/2009. 796/2010 & 1615/2010 '* • I With the consent of counsel for all the parties, all these petitionsare proposedto be disposedof by this common order. On the last date, Mr. Rajiv Bansal learned counsel appearing on behalf of the respondent DDA had got the matter adjourned for today stating that he had instructions,from the Commissioner (Housing),DDA that the DDA was contemplating to withdrawits . WP (C) Nos. 1104/2010, 7416/2008, 8012/2008, 8154/2008, 374/2009, 7122/2009, 7162/2009 7476/2009, 9059/2009, 9160/2009, 9161/2009, 10351/2009, 10354/2009, 11175/2009,11786/2009,11790/2009,11796/2009,796/2010&1615/2010 Page 1 of3 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. policy of 14.08.2008which is under challengein these petitionsand to bring the. Awaas Sarkar Yojana (ASY) cases in line with the I judgment of this Court in Surender Kumar Mehta's case in W.P.(C) i No.19095/2004. Ms. Sangeeta Chandra learned counsel appearing on behalf of the respondent DDA has placed on record xerox copy of,a draft I circularof September,2010 in terms whereofthe DDA has agreed not to charge 7% interest as is being charged in these cases in light of its Policy contained in the circular dated 14.08.2008. Learned counsel appearing on behalf of the respondent DDA says that she has instructions to state that the Policy under challenge in these petitionsdated 14.08.2008has been withdrawn by the DDA and the DDA shall raise revised demand upon the petitioners in these cases excluding the component of 7% interest. Ms. Richa Kapoor learned counsel appearing on behalf of the petitioners in these cases submits that since the respondent DDA has withdrawn its policy of charging of 7% interest contained in its circular dated 14.08.2008 and has agreed to raise revised demand upon the petitioners, she has instructions not to press these petitions for any further relief. In view ofthe foregoing,these petitions are finally disposed of. The impugneddemands in these petitionsare quashed. Directions. VJP{C) Nos. 1104/2010, 7416/2008, 8012/2008, 8154/2008, 374/2009, 7122/2009, 7162/2009, 7476/2009, 9059/2009, 9160/2009, 9161/2009, 10351/2009, 10354/2009, 11175/2009,11786/2009,11790/2009,11796/2009,796/2010&1615/2010 Page2 of3 < ' ( are given to the respondent DDA to nnake revised demand on the petitioners after excluding connponent of 7% interest for which decision has been tal<en in the meeting of the High Level Committee held in the DDA on 10.06.2010. The revised demand be made'by the ^ DDA on the petitioners as expeditiouslyas possible but not later \ O' than three months from today. Needless to say that all misc. ^ , applicationsthat are pending in these cases stand disposed of as . rendered infructuous. A copy of this order be kept in the files of all the 19 petitions which have been disposed of by this common order. SEPTEMBER 23, 2010

S.N.AGGARWAL, J. 'A' WP (C) Nos. 1104/2010, 7416/2008, 8012/2008, 8154/2008, 374/2009, 7122/2009, 7162/2009, 7476/2009, 9059/2009, 9160/2009, 9161/2009, 10351/2009, 10354/2009, 11175/2009, 11786/2009, 11790/2009, 11796/2009, 796/2010 &1615/2010