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2014 Supreme(Del) 1206

N.V.RAMANA, PRADEEP NANDRAJOG
Delhi Development Authority – Appellant
Versus
Jagan Nath Memorial Educational Society – Respondent


Advocates Appeared:
For the Appearing Parties:Rajiv Bansal, D. Ray Chaudhary, Ajay Verma, R.K. Saini, Kamal Gupta, Ridhima Bansal, Mohit Chadha, Mini Pushkarna, Rushil Srivastava, Jaswinder Singh, Amit Kumar, Advocates.

JUDGMENT

Pradeep Nandrajog, J.

1. The respondent of LPA No.107/2004 and the writ petitioners of the three captioned writ petitions are societies/institutions and as per the charter/memorandum of their incorporation are non-profit bodies. All are engaged in imparting education i.e. have establish Educational Institutes in Delhi. They have obtained exemption under Section 80G of the Income Tax Act. They were allotted land by Delhi Development Authority on perpetual lease-hold basis at a premium determined by the Authority for institutional land. Buildings were constructed after sanction obtained.

2. Under the Master Plan for Delhi, the extent of plot coverage and area of building which can be constructed on a plot of land, in the parlance of architectural and building science, called Floor Area Ratio (FAR), is stipulated in the relevant chapters of the Master Plan dealing with different kinds of plots uses such as Residential, Commercial, Industrial, Institutional etc. Land being scarce in Delhi and there being a demand for built-up area, the representations received from various bodies and institutes for either allotting more land to them or permit them an additional FAR were given d





















































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