Supreme Court of India
D.D.A. versus BHAVANA COOP. GROUP HOUSING SOCIETY LTD. on 24 August 1995
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A
D.D.A.
v.
BHAVANA COOP. GROUP HOUSING SOCIETY LTD.
AUGUST 24, 1995
B [K. RAMASWAMY AND B.L. HANSARIA, JJ.)
c
Delhi Development Auth01ity-F01feiture of deposit-Upheld to the ex-tent of Rs. 5 lakhs-R.efwid of balance amount to Housing Socie't}'--Directions f or--lssued.
Allowing the appeal against the High Court's ,judgment, this Court D
HELD : Forfeiture to the extent of Rupees five lakhs is upheld. The appellant authority shall refund the remaining amount to the respon-dent. [56-H; 57-A]
D.DA. v. Glihsthapana Cooperative Group Housing Society Ltd., JT (1995) 2 S.C. 530, relied on.
E
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7932 of 1995.
From the Judgment and Order dated 17.8.94 of the Delhi High Court in C.W.P. No. 4530 of 1993.
F
V.B. Saharaya for the Appellant.
Ms. Sangecla Kalra anJ SuJhir Kalra (Jn-person) for the Respon-dents.
The following Order of the Court was delivered :
Leave granted. G
Ms. Sangeeta Kalra and Mr. Sudhir Kalra appeared on behalf of the Society. In view of the judgment of this Court in D.DA. v. Glihsthapana Cooperative Group Housing Society Ltd., JT (1995) 2 SC 530, the appeal is allowed and forfeiture to the extent of rupees five lakhs is upheld. The H remaining amount would be refunded by the appellant within a period of four weeks from today, failing which the respondent would be entitled for A interest @ 18% per annum from that date till payment. In the facts and circumstances of the case, we make no order as to costs.
T.N.A.
Appeal allowed.