PREMJI BHAI PARMAR & OTHERS ETC. versus DELHI DEVELOPMENT AUTHORITY & OTHERS

PREMJI BHAI PARMAR & OTHERS ETC. versus DELHI DEVELOPMENT AUTHORITY & OTHERS

The Delhi Development Authority did not act illegally or discriminatorily by levying a surcharge for flats as part of its pricing policy. Price fixation is an executive policy subject to wide discretion and not regulated by a fixed statutory formula. The Vice-Chairman was duly authorised to fix disposal prices including surcharge by delegated authority under the regulations. Surcharge was used to subsidise lower income group schemes and its computation was not arbitrary. No violation of Article 14 or statutory mandates was found.

Parties
Petitioner: Premji Bhai Parmar & Others; Respondent: Delhi Development Authority & Others
Jurisdiction
India
Judgment Date
21 December 1979
Procedural Posture
Writ Petition / Final Judgment
Outcome
Petitions dismissed
Legal Topics
Article 14 (equality Before Law), Article 32 (right to Constitutional Remedies), Delegation of Authority, Discrimination in Pricing Policy, Delhi Development Authority Act Pricing Policy
Constitutional Law Administrative Law Article 14 (equality Before Law) Article 32 (right to Constitutional Remedies) Delegation of Authority Discrimination in Pricing Policy Delhi Development Authority Act Pricing Policy

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Parties

Premji Bhai Parmar & Others

Petitioner

Delhi Development Authority & Others

Respondent

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether levy and collection of surcharge by Delhi Development Authority in addition to construction cost was illegal and discriminatory
  2. 2 Whether the Authority was bound to work on a 'no profit no loss' basis in pricing of flats
  3. 3 Whether the Vice-Chairman was authorised to levy surcharge as component of disposal price

Ratio Decidendi

The Delhi Development Authority did not act illegally or discriminatorily by levying a surcharge for flats as part of its pricing policy. Price fixation is an executive policy subject to wide discretion and not regulated by a fixed statutory formula. The Vice-Chairman was duly authorised to fix disposal prices including surcharge by delegated authority under the regulations. Surcharge was used to subsidise lower income group schemes and its computation was not arbitrary. No violation of Article 14 or statutory mandates was found.

Court Disposition

Petitions dismissed

Orders

  • No order as to costs