DEEPAK BATRA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner, who claims to have deep knowledge of pyramid energy to beapplied on building structure, challenges in this writ petition a letter dated 5/07/1991, issued by the respondent Delhi Development Authority ("DDA" for short),whereby he was asked to surrender the vacant possession of the pyramid kioskallotted to him in the year 1981, within twenty days of the days of the date of the letterand exercise his option out of the two alternative shops offered to him in terms of theorders passed by the Supreme Court on 27/10/1989 and 8/11/1990, and in default he was threatened with cancellation of his allotment/lease of thesaid kiosk and eviction therefrom.

(2.) According to the petitioner, on his application dated 27/03/1980 forallotment of an unused kiosk situated at Malaviya Nagar Extension, New Delhi, infront of 104, DDA Flats, Kiosk- 'A' was initially allotted to him vide letter dated 1 9/03/1981, on a monthly licence fee, subject to certain terms and conditions, to becommunicated later. However, immediately after the handing over of the possessionof the said kiosk, the petitioner was informed that the land below the said kiosk wasrequired for construction of some additional houses and, therefore, the kiosk had tobe relocated. Ultimately, afterdiscussions, the present site, said to be located at theedge of the neighbourhood park in the south of Gyan Bharti School, being, used asoffice complex of the DDA, was allotted to the petitioner. Petitioner's request forpermission to construct a prototype structure (at his won cost) as per his own designand data was declined by the DDA and he was asked to supply necessary drawings,data and design of the Prototype pyramid structure. The drawings and designsubmitted by the petitioner were examined by the National Physical Laboratory andthe pyramid was constructed by the DDA as per the approved design. On petitioner'sfurnishing the requisite undertaking in terms of DDA's letter dated 12/11/1981, the possession of the new pyramid structure at the said site was handed overto him. It is averred that the said structure was allotted to be used for the samecommercial purpose for which kiosk 'A' had earlier been allotted as it was a mere re-location of the site for the convenience of the DDA. It is claimed that the DDA haditself issued a no objection certificate to the petitioner for obtaining a licence from theDelhi Administration for manufacture of Italian style ice creams and other Italianspecialities at the site in question, upon which, on 23/02/1982, the MunicipalCorporation of Delhi had issued a licence to the petitioner for running a trade of foodprocessing at the same site.

(3.) Petitioner's request for converting the allotment from licence basis to leaseholdbasis was acceded to vide DDA's letter dated 3/06/1983. The petitioner hadearlier been informed the cost of the structure and the land allotted to him would beapproximately Rs. 70,000.00, which was worked out as under: <FRM>JUDGEMENT_805_AD(DEL)5_2000Html1.htm</FRM>