Birender Govil vs Govt. of NCT of Delhi and Another

Mukul Mudgal, J.—The learned counsel for both the parties agree that this writ petition is fully covered by the judgment, delivered by this Court in a connected writ petition, bearing No. CW.5535/97 entitled as Association of Plot Holders v. Govt. of NCT of Delhi and Ors. on 24th of August, 2001.

Accordingly in accordance with the above judgment, the writ petition is allowed and it is directed that the interest should only be charged at the rate of 6 per cent per annum calculated on the difference between Rs. 930/- paid for by him in 1993 and Rs. 1,963/- per sq. mt. which even according to the respondents was the rate livable in 1993. The petitioner shall pay the difference between the figures of Rs. 930/- & Rs. 1963/- from the date of payment of Rs. 930/- up to the date of the payment made to bring up the figure to Rs. 1,963/- Along with 6 per cent interest per annum on the said amount calculated up to 30th of November, 2001 within a period of 6 weeks from today.

Accordingly the writ of certiorari will issue quashing the fresh letter of demand in the month of September 1997 calling upon the petitioner for premium at the rate of Rs. 4,072/- per sq. meter. A writ of mandamus will also issue directing the respondent to forthwith execute the perpetual sub leases, subject to the payment of the amount as directed above.

Accordingly the writ petition is allowed to the extent indicated above with no orders as to costs.