DELHI DEVELOPMENT AUTHORITY Vs. SKIPPER CONSTRUCTION

JUDGEMENT

(1.) During the course of the hearing of the matters today and after hearing submissions of the learned Additional Solicitor General, Sri Mukul Rohtagi, a question has arisen as to whether the various persons who had paid monies to Skipper construction Company for purchase of flats at Jhandewalan, had a statutory charge under section 55(6 (b) of the Transfer of Property Act. It was contended for the purchasers that they had such a charge and that the said charge could be enforced against the Jhandewalan property after it was resumed by DDA from Skipper Construction Company but also after DDA sold the same to another purchaser. Here the subsequent purchase was by a "company". The claimants relied upon the decision of the Bombay High court and to say that the charge could be enforced against subsequent purchasers. It was also contended that under the aforesaid provision in section 55 (6 (b) interest was also payable to the purchasers and would also be a charge on the property and limitation would be 12 years. On these issues, therefore, it has become necessary to issue notice to the "company" which has purchased property from DDA. The necessary details regarding the name of the Company and its address will be furnished by the DDA.

(2.) A question has also arisen as to the value of the building constructed by Skipper construction Company on the Jhandawalan property as on the date when the DDA sold the property to the abovesaid "company" after taking back possession from the Skipper Construction Company. We, therefore, direct the DDA to furnish the relevant material available from its records in regard to the valuation of the land as well as the valuation of the building as on 1993 when it sold the property to the "company"

(3.) Learned counsel for DDA submitted that details regarding valuation are contained in the paper books filed in the Delhi High Court in Suit No. 770/93. We, therefore, direct the Registrar of the Delhi High court to transmit the records pertaining to Suit No. 770/93 to this court. After the record is received, it will be open to the Amicus Curiae to examine the said record.