GURMEET SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE challenge in this petition is to the letter dated 2nd April, 2009 of the respondent DDA addressed to the petitioner no.2 M/s New India Rubber Works (NIRW) and effecting cancellation of the perpetual Lease Deed in respect of Plot No.C-11 (New Number A-11) Rewari Line (Maya Puri) Industrial Area, Phase-II, New Delhi-110 054. THE petitioner no.2 was vide the said letter also called upon to hand over vacant peaceful physical possession of the plot on 14th April, 2009. This Court vide order dated 22nd April, 2009, while issuing notice of the petition restrained the respondent DDA from taking any coercive steps to disturb the possession of the petitioners and/or from disturbing the enjoyment of the subject property by the petitioners. THE said order was confirmed on 12th January, 2010. Pleadings have been completed and counsels for the parties heard.

(2.) THE position which emerges is as under:-

(3.) PER contra, the counsel for the respondent DDA has contended that there was admittedly a misrepresentation at the time of obtaining PERpetual Lease in the year 1981 and violation of the clause aforesaid and thus no error requiring judicial interference is called for with action impugned in this petition. It was however fairly stated that since admittedly there is ultimately no outsider in possession of the property till date, the petitioners can apply to the respondent DDA for restoration of the Lease. It is yet further contended that Shri Jagmohan Singh while withdrawing his complaint has not stated that the same was false or erroneous and thus no change in the decision on that account is called for.