Supreme Court · 2007 INSC 1299 · Decided 13 December 2007
Delhi Development Authority, N.D. & ANR. v. Joint Action Committee, Allottee of SFS Flats & ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 1299 · [2007] 13 S.C.R. 811
- Case number
- CIVIL APPEAL No. 6668/2006
- Decided
- 13 December 2007
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution Article 5, 6, 12, 37; Contract Act Section 29, 60
Headnote
AUTHORITY, N.D. & ANR. A -. v. JOINT ACTION COMMITTEE, ALLOTTEE OF SFS FLATS & ORS. DECEMBER 13, 2007 B [S.B. SINHA AND HARJIT SINGH BEDI, JJ.) '"...- Delhi Development Act, 1957-ss. 2 (13), 5A and 52-Allotment of flats under Self Financing Scheme (SFS)-By Delhi Development Delhi and recovery of current price on condonation of the default-Policy made effective with retrospective effect-Validity of D f restoration policy -Held: The policy is ultra vires-Imposition of t surcharge was in effect a compulsory exaction-The delegatee having no power to fi'ame such scheme
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