ORDER : 1. The applicant-Delhi Development Authority (hereinafter referred as 'the DDA') has filed the present application under Section 460(6) of the Companies Act, 1956 read with Rule 9 of the Companies (Court) Rules, 1959 for seeking appropriate directions for reversal of attachment and release of land from the custody of the respondent-Official Liquidator - admeasuring 7.0 Acres situated near CNG Petrol Pump, Opposite Indraprastha Park, Gate No.4, Outer Ring Road, New Delhi. 2. The applicant has pleaded that the applicant is a body corporate, established by the Central Government under the provisions of the Delhi Development Act, 1957 for carrying out the functions of promotion and securing the development of Delhi. 3. The applicant has further pleaded that M/s.Sand Plast (hereinafter referred as 'the Company') was registered under the Companies Act, 1956, having its registered office at Jaipur and Head Office at New Delhi. The said Company was declared to be wound up in terms of Section 433(e) of the Companies Act, 1956 by the order of this Court dated 18.03.2020 passed in S.B.Civil Company Petition No.9/1997 and the respondent is Official Liquidator appointed by this Court vide order dated 18.03.2020 in winding up petition. 4. The applicant has further pleaded that they owned the land admeasuring 7.0 Acres situated near CNG Petrol Pump, Opposite Indraprastha Park, Gate No.4, Outer Ring Road, New Delhi (Indrapath Revenue Estate) and a license deed dated 02.11.2000 was executed between the Company and the applicant for the purpose of running of a fly-ash bricks plant by the said Company on the said land. 5. The applicant has pleaded that the license deed was executed for a term of 20 years and clause (10) of the said license deed specifically mentioned about the consequences on the license deed, in the event of Company being wound up and as such license was to be automatically terminated. 6. The applicant has further pleaded that supplementary license deed dated 09.01.2003 was also executed between the Company and the applicant which formed part of the license deed dated 02.11.2000 and all the terms and conditions of the license deed were to remain the same. 7. The applicant has further pleaded that license fee, as agreed between the parties, was not paid by the Company to the applicant and as such, the Company had violated the terms of license deed at the initial stage itself. 8. 7. The applicant has further pleaded that license fee, as agreed between the parties, was not paid by the Company to the applicant and as such, the Company had violated the terms of license deed at the initial stage itself. 8. The applicant has pleaded that around October, 2020 when the officials of the applicant visited and inspected the land given out on license, they found security guards were deputed over the said land claiming to be discharging their duties under the authority of the respondent-official Liquidator. The applicant, after making enquiry, came to know that winding up order dated 18.03.2020 was passed by this Court and the said land was under the charge and custody of the respondent-official Liquidator in terms of Section 456(2) of the Companies Act, 1956. 9. The applicant has further pleaded that they served a notice on the respondent-Officia! Liquidator to withdraw and waive all the claims in relation to the said land and hand over possession of the said land within a stipulated time. 10. The applicant has pleaded that reply was received from the office of respondent-Official Liquidator and information was given about winding up order passed by this Court and further the respondent-Official Liquidator asked the applicant to file appropriate application before this Court to seek necessary directions. 11. Counsel appearing for the applicant Mr.NPS Chawla submitted that the land in question was never the property of Company and the Company was mere a licensee which never had any ownership, right or title over the said land. 12. Counsel for the applicant Mr.Chawla further submitted that license deed has already been terminated on account of default and breach by the Company and further after passing of winding up order by this Court, the Company had no right over the said piece of land. 13. Counsel further submitted that the duration of the license was for a period of 20 years and due to efflux of time as 20 years have passed, the license deed has expired. Counsel further submitted that Central Government has decided to use the said land for a Central Vista project inaugurated by the Hon'ble Prime Minister of India and as such, any claim by the respondent-official Liquidator on the said land in unlawful and prejudicial to the interest of the applicant. 14. Counsel further submitted that Central Government has decided to use the said land for a Central Vista project inaugurated by the Hon'ble Prime Minister of India and as such, any claim by the respondent-official Liquidator on the said land in unlawful and prejudicial to the interest of the applicant. 14. The respondent-official Liquidator has filed reply to the application and has pleaded that while passing the order dated 18.03.2020, this Court in Company Petition No.9/1997, has appointed the respondent-official Liquidator as a liquidator of the Company and in pursuance of the powers conferred under Section 456 of the Companies Act, 1956, he has taken the possession of the property/land, being factory premises of the Company in liquidation and further the property was attached in pursuance of the provisions of the Companies Act, 1956 and action for valuation of the property was also taken with the permission of this Court. 15. The respondent-Official Liquidator has further averred that claims have been invited from the creditors of the Company in Liquidation by issuing public notice and further in order to protect the assets of the Company in Liquidation, security guards have also been deployed. 16. The respondent-Official Liquidator in his reply has averred that plant & machinery and other equipments upon the land are properties of the Company in Liquidation and certain plant & machinery have already been sold by the DRT through public auction and the remaining plant & machinery and other goods are in the process of removal from the said premises of the Company in Liquidation and for the rest of the property, valuation is being done by the panel valuer. 17. This Court, while hearing the application on 18.03.2021, had directed the Official Liquidator to submit valuation report of the Sheds and moveable assets/items of the factory premises of the Company in Liquidation through panel valuer. 18. This Court on 08.04.2021 had taken report No.26986 dated 07.04.2021 on record and valuation report, as received from the panel valuer was also taken on record. This Court further granted time to the Official Liquidator to allow the auction purchaser to remove plant & machinery from the factory premises and after taking note of the date of auction-29.05.2019, extended the time upto 31.03.2021 to remove plant & machinery by the auction purchaser. 19. This Court further granted time to the Official Liquidator to allow the auction purchaser to remove plant & machinery from the factory premises and after taking note of the date of auction-29.05.2019, extended the time upto 31.03.2021 to remove plant & machinery by the auction purchaser. 19. The applicant, after receipt of reply to the application, filed rejoinder wherein the applicant has made a specific proposal that land in question may be handed over to the applicant and they will permit the respondent-official Liquidator to remove the structures and other material which are lying on site within a period of two months. 20. This Court, after considering the suggestion made by the applicant, thought it proper to first have the on-site inspection by both the parties i.e. by the officials of the applicant and a representative on behalf of the Official Liquidator to find out as whether some part of the land can be left out for removing the structures and other material lying on the site or the entire land in question is required to be handed over for starting the project of the Central Government of Bio Diversity Park (known as 'New India Garden Project'). 21. On 01.07.2021, a report of joint inspection team bearing No.35666 dated 29.06.2021 was filed by the Official Liquidator along with the documents and counsel for the applicant upon receipt of the said report submitted that report furnished to this Court did not disclose the area in which the tin-shed and building were existing and as such, this Court directed the applicant to give response to the option offered to them and further directed both the parties to make an endeavour to give exact dimensions of the area in question including the area on which building and other tin-sheds, are said to be existing. 22. In compliance of the order dated 01.07.2021, the applicant has filed an affidavit along with accurate measurement of the total area of the land with pictorial representation thereof. The total area of the land is said to be 28313.05 Sq.Mtrs., which is equal to 6.99 Acres and the total building & tin-shed is said to be 3644 Sq.Mtrs. and as such the remaining land of 24669.05 Sq.Mtrs is required to be handed over to the applicant, as given out in the affidavit. 23. The total area of the land is said to be 28313.05 Sq.Mtrs., which is equal to 6.99 Acres and the total building & tin-shed is said to be 3644 Sq.Mtrs. and as such the remaining land of 24669.05 Sq.Mtrs is required to be handed over to the applicant, as given out in the affidavit. 23. Mr.Ankit Sethi, counsel appearing on behalf of the Official Liquidator submitted that if this Court is inclined to allow the application of the applicant, at least option may be given to the Official Liquidator to remove the tin-shed and other building material within a period of three months either by way of removal or by auction and further if the same is not completed within the stipulated time period, permission may be given for further extension of time by this Court. 24. I have heard learned counsel for the parties and with their assistance perused the material available on record. 25. This Court finds that the Company in Liquidation had executed a license deed and the same contained conditions with regard to consequences of not following the terms and conditions of license deed. This Court finds that the license deed had specifically provided in clause (14) that the allottee (Company in Liquidation) will not have any right whatsoever on the expiry of license period and since duration of license was only 20 years, as such, by efflux of time, the license deed stands expired. This Court further finds that the license deed had specifically provided that in case the Company was to be wound up or going into liquidation, then license was automatically to be terminated. 26. This Court finds that the present application filed by the applicant has been primarily moved for implementation of a project launched by the Central Government of Bio Diversity Park (known as 'New India Garden Project'). This Court further finds that only on account of certain tin-shed and building existing on the land in question, the entire land cannot be continued to be in possession of the Official Liquidator. 27. This Court further finds that the plant & machinery of the Company in Liquidation have already been put to auction and these materials have already been permitted to be removed from the iand in question. This Court further finds that the proposal of the applicant to hand over remaining land i.e. 24669.05 Sq.Mtrs. 27. This Court further finds that the plant & machinery of the Company in Liquidation have already been put to auction and these materials have already been permitted to be removed from the iand in question. This Court further finds that the proposal of the applicant to hand over remaining land i.e. 24669.05 Sq.Mtrs. to the applicant without disturbing tin-shed and building constructed on the land in question, is just and proper proposal. 28. Accordingly, this Court disposes of the present application filed by the applicant by giving direction to the respondent-official Liquidator to hand over the land situated near CNG Petrol Pump, Opposite Indraprastha Park, Gate No.4, Outer Ring Road, New Delhi admeasuring 24669.05 Sq.Mtrs. (28313.05 Sq.Mtrs minus 3644 Sq.Mtrs.) to the applicant without disturbing tin-shed and building constructed on the land in question. The boundary wall, which is said to be existing on the said land, is also permitted to be demolished/erased by the applicant. 29. This Court also directs that the respondent-Official Liquidator may retain possession of 3644 Sq. Mtrs. of land on which tin-shed and other building material is existing for a period of three months and an endeavour should be made to dispose of such material either by way of auction or any other legal method. 30. This Court further grants liberty to the respondent-Official Liquidator to move an appropriate application for extension of time for removing tin-shed and building on the land in question, if their endeavour fails in disposing of such material within a period of three months. 31. Accordingly, the present application stands disposed of with the above directions.