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1996 Supreme(SC) 1465

G.B.PATTANAIK, K.RAMASWAMY
Delhi Development Authority – Appellant
Versus
Kanwar Kumar Mehta – Respondent


ORDER

1. Delay condoned.

2. Leave granted.

3. We have heard learned counsel of both sides.

4. The question of law that arises for consideration in these appeals is whether the High Court was right in directing calculation of interest @ 7% of the escalation charges on the principle of equity ?

5. The facts of the case are not in dispute. On 27-3-1991 draw of plots was made for allotment of 5000 plots in Sectors 23 and 24 of Rohini Scheme in Delhi. Between 6-4-1991 and 27-3-1991, around 3000 orders of allotment came to be issued. Only 200 persons are yet to be issued the allotment letters. It is settled law that the rate of plot is as is prevailing on the date of communication of the allotment letter. Before the letters of allotment was communicated to the rest of the successful applicant, the owners of the lands acquired under the notification issued under Section 4(1), had approached the High Court and had stay of further proceedings. Consequently, the issuance of the letters of allotment was stopped. Subsequently, the stay was vacated on 4-8-1992 and it is stated in the counter-affidavit that the owners had approached this Court by way of appeal and in September 1992 this Court ha




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