VidhiSangh

Supreme Court of India · 12/02/2019

DELHI DEVELOPMENT AUTHORITY versus M/S. KARAMDEEP FINANCE & INVESTMENT (I) PVT. LTD. & ORS.

[2019] 3 S.C.R. 725 · 2019 INSC 186

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Summary

DDA could not demand further unearned increase from the purchaser of property auctioned by the Income Tax Department after statutory purchase: the auction reflected market value and the Department had already paid unearned increase. However, the purchaser acquired leasehold rights, not freehold title, when the conveyance was read with its limiting clause and the auction notice. Refund of conversion charges was therefore refused, and DDA was directed to process the conversion application in accordance with law.

Issues

  1. Whether the auction purchaser owed further unearned increase to DDA.
  2. Whether the conveyance transferred freehold rights entitling the purchaser to refund of conversion charges.

Provisions considered

Held

Result

DDA’s appeal dismissed. Purchaser’s appeal disposed of upholding refusal of refund, with a direction to process conversion in accordance with law. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2019] 3 S.C.R. 725.