Rohini Educational Society v. Delhi Development Authority and Ors

ORDER %

09.11.2012

¶1The petitioner has filed this application stating that now a Notification dated I7.7.20I2 has been issued by the DDA in exercise of powers conferred under Section 57 ofthe Delhi Developrnent Act, 1957 and as per this Notification no additional FAR chalges are to be recovered fi'orn Educational Society/Health Care and Social Welfare Societies etc. having Incorne-Tax exernption. It is also pointed out that following this Notification, a Division Bench of this Court has passed order dated

20.07.2012 in a batch of Writ Petitions with the main Writ Petition being WP(C) 957212009 titled South Delhi Educational Society Vs. DDA and Anr. inter alia holdins as under:- rv.P.(c) 11091/2009 Page I of2 t "In ttie:ru of the fact that novp no FAR charges qre to be recovered from Educational Societies/Health care and Social Welfure Societies hattin.g inconre tax exemption, any action vhich may hat,e been made conditional on the payment of the , additional FAR charges would now nol. have the said condition. In other words, the non-paymen't of the FAR charges will n.ol. come in the way of the petilioners l.o proceed with their release of sanctioned building plans, occupqncy certificates, extension of time and NOCs etc. if the other conditions prescribed in law are fulf lled. "

¶2Learned Counsel for the respondent could not dispute that the facts of this case ale identical to the aforesaid cases and the Notification dated

17.07.2012 shall be applicable in the case of the petitioner as well.

¶3In these circurnstances, this writ petition also is disposed of withthe salne directions as given in order dated 20.07.2012, as exh'acted above. These directions be cornplied within two rnonths fi'om today. The order is being rnade only with respect to the petitioner before us. No costs. STICE RAJIV SAHAI ENDLAW, J NOVEMBER 09,2012 'gsr' fi'.P.(C) r4094/2009 iI Page 2 ol 2 a

D 2s$- * IN THE HIGH COURT OF' DELHI AT NEW DELHI CM No.1842412012 (for directions) & W.P.(C) 1409412009 ROHINI EDUCATIONAL SOCIETY ..... Petitioner Ttn'ough: Mr. R.K. Saini & Mr. Viklarn Saini, Advs. VETSUS DELHI DEVELOPMENT AUTHORITY & ORS ..... Respondents Through: Counsel for the respondents (appealance not given) CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAT ENDLAW