W.P.(C)/4506/2016 of JINDAL CHARITABLE SOCIETY Vs NORTH MUNICIPAL CORPORATION OF DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 4506/2016JINDAL CHARITABLE SOCIETY..... PetitionerJINDAL CHARITABLE SOCIETY..... Petitioner

Through:Mr. Kamal Gupta, Adv.versusversus

NORTH MUNICIPAL CORPORATION OF DELHI..... RespondentThrough:Mr. Ajay Arora and Mr. Kapil Dutta,Advs.Through:Mr. Ajay Arora and Mr. Kapil Dutta,Advs.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R R%19.05.2016

CM No. 18793/2016

Allowed, subject to all just exceptions.

Application is disposed of.

W.P. (C) 4506/2016

By this writ petition, petitioner has prayed as under :-

a)issue writ, order or direction in the nature of certiorariquashing the action on the part of Respondent/North MCD incharging from the petitioner sum of Rs.33,88,500/- asAdditional FAR charges against the Rules, Regulations andprovisions of MPD 2021 as well as in violation of the principlesof equity, justice and good conscience;

b)issue writ, order or direction in the nature of Mandamusdirecting the respondent/North MCD to forthwith refund alongwith interest, the amount of Rs.33,88,500/- illegally chargesfrom the petitioner as Additional FAR charges for sanctioningthe building plans;

Leaned counsel for the respondent appears on service of advance

paper book.

Heard.

Counsel for the petitioner submits that petitioner is exempted frompaying the additional FAR charges in view of the certificate issued by theIncome Tax Department for the year 2010-11.He has submitted thatadditional FAR cannot be charged in view of the judgment dated 21[st]May,2014 passed in W.P. (C) 3205/2014 titled St. Kabir Educational Society vs.North Municipal Corporation of Delhi & Anr., wherein it was held asunder:-

“Guided by the judgment of the Division Bench dated30.4.2014, passed in LPA No.107/2014 and the other connectedwrit petitions, the present petition is allowed on the same lines.It is held that the petitioner/Society is entitled to refund of asumofRs.1,41,84,200/-depositedwiththerespondentNo.1/NDMC towards the additional FAR within period ofeight weeks. In case the respondent No.1/NDMC fails to refundthe amount within the stipulated time, then the said amountshall carry interest @ 12% p.a., reckoned from the date ofexpiry of the eight weeks.”

He has also placed reliance on Division Bench decision dated 17[th]July, 2012 passed in LPA 107/2014 tiled Delhi Development Authority &Anr. vs. Jagan Nath Memorial Educational Society.

By following the law laid down in St. Kabir Educational Society andJagan Nath Memorial Educational Society (Supra), bench of coordinate

jurisdiction, vide order dated 25[th]March, 2015 passed in W.P. (C)2655/2015 titled Bajaji Education Society vs. North Municipal Corporationof Delhi, has disposed of the petition in the similar circumstances bydirecting the respondent to process the petitioner’s claim on petitionerproviding necessary certificate for the relevant period.

In the above facts and circumstances, present writ petition is disposedof with the directions to the petitioner to provide necessary certificate (i.e.indicating that petitioner was exempted to pay additional FAR charges fromthe Income Tax Department for the relevant period) to the respondent. Ifany such certificate is provided by the petitioner to the respondent within aperiod of two weeks from today, respondent shall process the claim of thepetitioner within six weeks thereafter.In terms of St. Kabir EducationalSociety (Supra), respondent shall also be liable to pay the interest if refundis not processed within the period as indicated above.

Copy of the order be given Dasti to the parties.

MAY 19, 2016ga

A.K. PATHAK, J.