[Civil Appeal No. 5370 of 2016 arising out of S.L.P. (Civil) No. 35374 of 2010]. The appellant (Delhi Development Authority or the DDA) in the first appeal is aggrieved by the judgment and order dated 30th July, 2010 passed by a Division Bench of the High Court of Delhi in W.P.(C) No. 10647 of 2009.[1] The grievance of the DDA is that even though the High Court held that the project land that we are concerned with was "Residential" as contended by the DDA, yet the High Court held that in the event construction activity thereon is not permitted by the Delhi Pollution Control Committee (or the DPCC) the developer (Kenneth Builders) would be entitled to a refund of the entire amount deposited with the DDA pursuant to the acceptance of the developer's bid in an auction, along with interest thereon.
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