KARAN TECHNO FAB LIMITED Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present writ petition has been preferred by the petitioner seeking for a direction to the respondent to execute perpetual lease deed conveying title in the Industrial Plot measuring 2024.20 square meter, bearing No. 40 plot A, Mayapuri Industrial Area, Phase-1, New Delhi so as to enable the petitioner to develop the same and also for a direction to refund the amount of Rs.4,S7,159.00 calculated as unearned increase and paid by the petitioner under protest alongwith interest at 24%p.a. from 12.8.96 upto the date of refund.

(2.) An auction sale was held in respect of Industrial Plot No. 40, Block 'A', Mayapuri Industrial Area, Phase-1, New Delhi. The said plot was auctioned by the Delhi, Development Authority - Respondent- and the highest offer was made by M/s. DD Leasing Pvt. Ltd. which was accepted by the Delhi Development Authority in the aforesaid auction sale. In accordance with the Terms and Conditions of the Auction sale 25% of the bid amount was also deposited with the Respondent - Authority on the date of the sale i.e. on 8.8.1985. It is stated that the petitioner paid the balance amount of 75% also on demand by the Delhi Development Authority and, therefore, direction was sought for the respondent to take necessary action to execute the perpetual lease conveying title in respect of the aforesaid property. Since the respondent has failed to take necessary action for execution of the perpetual lease in favour of the petitioner, the petitioner has preferred this petition seeking for the aforesaid relief.

(3.) The case of the respondent, on the other hand, is that the aforesaid lease hold rights in the Industrial plot was auctioned by the Delhi Development Authority in favour of M/s. DD Leasing Ltd. and the highest offer of M/s. DD Leasing Ltd. was accepted and 25% of the amount in accordance with the Terms and Condition of the Auction sale was also accepted by the respondent for the auction sale from the DD Leu' Ltd, It is also stated that the demand for payment of the balance amount was also made on DD Leasing Ltd. by the respondent, pursuant to which it is stated that the entire balance payment was also made by the DD Leasing Ltd. and, therefore, the said plot stood allotted to DD Leasing Ltd. on the records of the respondent. It is also stated that there was a delay in depositing the payment of the balance amount in respect of which a letter dated 1.5.1986 was issued to the said DD Leasing Ltd. for depositing of Rs.79,937.50 as interest and the same was duly deposited by DD Leasing Limited. It is contended that since the aforesaid sale has been effected in favour of DD Leasing Ltd., requests for execution of the lease deed in favour of the petitioner could not be acceded to without making payment of 50% unearned increase for change or transfer, which fact was intimated to the petitioner.