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2009 DIGILAW 237 (DEL)

OM APARTMENT PVT. LTD. v. DELHI DEVELOPMENT AUTHORITY

2009-02-26

MADAN B.LOKUR, SIDDHARTH MRIDUL

body2009
JUDGMENT Siddharth Mridul, J.-The Petitioner was the successful bidder at the auction of perpetual lease hold rights in commercial Plot No. 92, Nehru Place, New Delhi, held by the Delhi Development Authority (DDA). After construction of the multi-storey building, the Petitioner sold the apartments therein to various persons. 2. The Petitioner states that on 31st May, 1983 the Respondent issued show cause notice to the Petitioner stating therein that the basement is being used for office and shops contrary to the terms and conditions of the auction/lease deed. The Petitioner replied to the said show cause notice vide reply dated 10th June, 1983 denying that any breach of the terms and conditions of the auction was committed. 3. The DDA despite this reply vide communication dated 10th September, 1983 informed the Petitioner that the allotment of plot in question had been cancelled. Subsequently, ex parte proceedings were taken against the Petitioner culminating with eviction order dated 19th July, 1993 under the provisions of the Public Premises (Eviction of Unauthorised Occupant) Act, 1971. According to the Petitioner the said impugned action was without notice or service and without affording any opportunity of hearing. 4. Learned Counsel for the Petitioner has drawn our attention to similar matters decided by a learned Single Judge of this Court being C.W. 2324/1993 (M/s. Raja Towers (P) Ltd. and Anr. v. DDA and Anr.) and CW 2364/1983 (Sh. Sa tinder Nath Kaul v. Deputy Director (Commercial), DDA and Ors.) both decided on 25th July, 2002. The learned Single Judge while allowing those petitions held that the DDA was at liberty to proceed against individual flat owners after due notice to them. 5. We do not see any reason to disagree with the view taken by the learned Single Judge. It is submitted by learned Counsel for the Petitioner that floor space having been sold to the various flat buyers, the latter became owners thereof and, therefore, without hearing the said flat buyers who are affected parties, the action of canceling the allotment was against the principles of natural justice. 6. That being the position, we allow the writ petition to the extent that the order dated 10th September, 1983, canceling the allotment of the plot, and the eviction order dated 19th July, 1993 are hereby quashed. Writ Petition allowed.