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Supreme Court of India 2023-09-05 dismissed

Society & Anr vs Delhi Development Authority & Ors

Bench: 2 — A.S. Bopanna, Prashant Kumar Mishra

In Brief

Two charitable institutions deposited amounts with the Delhi Development Authority to avail enhanced floor area ratio (FAR) benefits based on a 2008 notification imposing additional charges. Before the High Court's final adjudication, a 2012 notification exempted certain institutions from these charges. The High Court ordered refunds but denied interest. The Supreme Court upheld this decision, holding that interest is not payable because: (1) the deposit was voluntary, made before adjudication of the charge's legality; (2) the notification remained valid when deposited; (3) the exemption came via administrative action, not a court declaration of illegality. The principle compensating parties for court-caused loss applies only after judicial determination of unlawful demand. Appeals dismissed.

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Administrative Law Civil Procedure Restitution Interest Real Estate and Urban Development

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