( 1 ) IN this appeal under Clause 10 of the Letters Patent, judgment of learned Single Judge dated 19. 4. 2000 in C. W. P. No. 2532/95 is under challenge.

( 2 ) FACTUAL position, which is almost undisputed is as follows: A demand was made by the Delhi Development Authority (in short the DDA) from the petitioner Society for an amount of Rs. 3,19,554. 35 as additional cost of the land allotted to it. The said demand was challenged and a prayer was made for a direction to the DDA to calculate the cost of land payable in the light of judgment in DDA v. Lala Amur Nath Educational and Human Society, 42 (1990) DLT 651. Petitioner pleaded in the writ petition that if is Society registered under the Societies Registration Act with the object of working for welfare, education and betterment of the children. With the aforesaid objective, it intended to start a middle school for providing education to the weaker sections of the society. It obtained an essentiality certificate from the Directorate of Education in 1989. Its name was sponsored for allotment of land by the Directorate of Education of Delhi. On the basis thereof, the DDA by letter dated 11. 2. 1991 allotted a land to the petitioner on prepetual leasehold basis measuring 4794. 24 sq. mts. out of which 2397. 12 sq. mts. was for school building and balance was for play-field. Aforesaid allotment was made subject to various conditions, one of which reads as under:

"that the St. Andrews Scots Educations Society will be required to pay provisional premium of land measuring 2397. 12 sq. mts. For school building at the rate of Rs. 14. 25 lacs per acre with annual rent at 25% per annum of the total premium. The revision of rates of land, is under consideration of the Central Government. The allottees shall have to pay balance premium for the land as per rates determined by Central Government under Rule 5 of DDA (Developed Nazul Land) Rules, 1981 and within the time fixed by DDA. The rates of land determined by Central Government shall be binding upon the allottee and shall not be called in question by it in any proceedings. "

( 3 ) ANOTHER relevant condition was that premium of land, as demanded, was provisional and the petitioner was required to give an undertaking that it would pay the balance premium as may be demanded on the basis of rates as may be determined by the Central Government. On 7. 1. 1992, a revised demand on account of additional amount of Rs. 3,57,954. 85 was issued. An undertaking was given by the petitioner in form of a notarised affidavit. The said undertaking, inter alia, stated that the petitioner had paid Rs. 8,65,159/- to the DDA towards cost of land and the DDA had demanded a further amount of Rs. 3,53,954. 85 on account of difference of premium of land. Para 4 thereof reads as under :

"4. That the Society undertakes to pay the difference of premium of land of Rs. 3,19,554. 35 to DDA, out of its own funds alongwith the interest charge @ 18% per annum of the belated period and other dues if any, from. the date of mortgage permission within three months time. "

( 4 ) PETITIONER s stand is that it denied its liability to pay any additional premium and has withdrawn the undertaking. Reliance was placed on Lala Amarnath s case (supra), for refixation of the valuation. During the pendency of the writ petition, petitioner stated its willingness to pay the premium of land and stated that on payment of such amount writ petition should be closed. By order dated 24. 3. 2000, the aforesaid statement was recorded. It was also noted that payment would be made without payment of interest thereon. The DDA s stand was also recorded that the petitioner may approach the Director (Land) DDA with the request for waiver of interest and a decision was to be taken on the request of the petitioner. Thereupon, petitioner was allowed to deposit the difference of the premium. But, the prayer to waive the interest was declined on the ground that policy decision was that interest