Refund additional FAR charges to institutions: HC to DDA

The Delhi High Court today asked DDA to refund the amount taken from certain private educational institutions as additional Floor Area ratio (FAR) charges on the land given to them on lease-hold basis.
A bench of Chief Justice G Rohini and Justice Pradeep Nandrajog ordered DDA to refund Rs 1.46 crore, Rs 43.85 lakh and Rs 2.86 crores to Ved Educational Welfare Society, Triveni Educational Welfare Society and International Management institute respectively within eight weeks.
It also said the money shall be paid with interest at 12 per cent if Delhi Development Authority (DDA) did not pay within eight weeks to the institutes.

"The object of the legislation is to confer a benefit without taking away anybody's vested right and without inflicting a corresponding detriment on some other person or on the public generally.
"To confer a benefit is the express object of the legislation. The presumption thus would be that the intent was to give a retrospective effect," it said.
The court's decision came on petitions filed by educational societies challenging a DDA notification issued on December 23, 2008 enhancing the additional FAR charges on the land allotted to them.