JUDGMENT :

Madan B. Lokur, J.

1. Delay condoned. Leave granted in both petitions.

2. The appellant (Delhi Development Authority or the DDA) in the first appeal is aggrieved by the judgment and order dated 30th July, 2010 passed by a Division Bench of the High Court of Delhi in W.P.(C) No. 10647 of 2009. [Kenneth Builders and Developers Ltd. v. Union of India and others, MANU/DE/1815/2010 CA] The grievance of the DDA is that even though the High Court held that the project land that we are concerned with was “Residential” as contended by the DDA, yet the High Court held that in the event construction activity thereon is not permitted by the Delhi Pollution Control Committee (or the DPCC) the developer (Kenneth Builders) would be entitled to a refund of the entire amount deposited with the DDA pursuant to the acceptance of the developer’s bid in an auction, along with interest thereon.

3. In the connected appeal, the appellants (Government of the National Capital Territory of Delhi or the GNCTD and its Department of Forests) are aggrieved by the same judgment and order to the extent that it has been held that the DDA is the final authority to determine land use, even though its determina