LAWS(SC)-2005-4-48

DELHI DEVELOPMEMT AUTHORITY Vs. SKIPPER CONSTRUCTION

Decided On April 07, 2005
DELHI DEVELOPMENT AUTHORITY Appellant
V/S
SKIPPER CONSTRUCTION Respondents

JUDGEMENT

(1.) IN some cases existing laws may be inadequate to grant relief to persons whom, the Court feels genuinely to be entitled to relief but in such cases the Court should not allow itself to be deflected by red herrings drawn across the track and it has to pass such orders as the circumstances warrant to secure the interest of justice and to appease its judicial conscience.

(2.) IN Skipper Construction case, the Supreme Court has accepted the Report submitted by Justice Bahari Commission. JUDGMENT

(3.) WE are presently concerned with the report of Justice Bahri Committee. The first one is relating to property situated at 22, Barakhamba Road and the alleged diversion of funds, and the other relating to the report relating to Technology Parks Limited, (in short TPL') at Vaishali, Ghaziabad and Greater Noida. Justice Bahri Commission was appointed pursuant to the order passed by this Court on 4th May, 2000. The Commission was directed to look into diversion of funds of Skipper Tower Pvt. Limited (in short the 'Skipper Tower'). The project known as 22, Barakhamba Road was initially launched by Skipper Sales Pvt. Ltd. (in short 'Skipper Sale') under collaboration agreement with the owners of the property. The Commission has come to hold that foundation of the project was laid some time in 1983 and the super structure for three basements and the ground floor upto 10th floor were almost completed by 1987 and the 11th and 12th floors have been constructed during the year 1990-1991. Objection to the report dated 29.10.2001 of Justice Bahri has been filed by Tejwant Singh.