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Judgment
7 paragraphs · 409 wordsB.N. Kirpal J.
(1) RULE.CMS 4649 and 4872/90
(2) Vide order dated 11/10/1990, the petitioner was required to deposit a sum of Rs. 8,65,000.00 and the demand of the Dda was to remain stayed .We find that the demand of the Dda is for a sum of Rs. 22,31,453.00.According to the Dda, its demand consists of Rs. 18,91,062 on account of50% un-earned increase and Rs. 3.40.391.00 being the interest @ 18% per annum. According to the Dda, the seller did not file a complete application for permission to sell because No Objection Certificate under the Urban Land(Ceiling and Regulation) Act, 1976 was not attached. This certificate was filed only on 3/04/1987 and it is thereupon that the application became complete .Because the Income Tax clearance certificate was filed in 1988, that is why the Dda is seeking to charge interest of Rs. 3,40,391.00. The 50% unearned increase of Rs. 18,91,062.00has been worked out on the basis of the price of land as on 3/04/1987, the date the application was completed.
(3) As the petitioner is already in possession of the house, in our opinion ,the petitioner has to be put to terms because he cannot be allowed to continue enjoying the fruits of the transaction without paying, what we, prim fade ,feel is payable.
(4) There was no requirement to file the Income Tax Clearance Certificate obtained u/s 230-A because this requirement was not spelled out in the application form itself. Nevertheless the application form did require the attaching of the clearance obtained under the Urban Land(Ceiling and Regulation) Act. This was done only on 3/04/1987. Therefore, prima facie, the value of the land as on 3rd April, 1987 had to be taken into consideration in working out the un-earned increase. Taking these factors into consideration, the un-earned increase would come to Rs. 18,91,062.00.The petitioner has already deposited in Court Rs. 8,65,000.00. The balance amount due to the DDA. apart from interest claimed by it is Rs. 10,26,062.As a condition of stay, we direct the petitioner to pay within two months from today to the Dda, a sum of Rs. 10,26,062. The total amount so deposited shall come to Rs. 18,91,062.
(5) In addition to the above, in order to secure the interests of the respondent completely, the petitioner should also furnish a bank guaranteeing the sum of Rs. 3,40,391 being the claim of the Dda towards interest.
(6) Indian Administrative Service stand disposed of in the aforesaid terms.