METAL FORGING P LTD Vs. DDA

JUDGEMENT

(1.) THE petitioner was on 2nd March, 1976 granted a perpetual lease of plot bearing No. 1/1 , Warehousing Scheme, Kirti Nagar, New Delhi. It was inter alia a term of the said lease that the petitioner shall within a period of two years from 16th September, 1974 i.e the date the petitioner was put into possession of the said plot, after obtaining the sanction to the building plan, erect upon the said industrial plot and complete an industrial building for carrying on the approved manufacturing process or industry.

(2.) THE petitioner admittedly did not raise construction and a notice dated 12th June, 1979 to show cause was issued to the petitioner as to why action therefor be not taken. THE petitioner submitted a reply thereto stating that he was using the open plot for storage purposes. A letter stated to be dated 6th November, 1979 at page 120 of the paper book was issued by the respondent DDA withdrawing the said show cause notice subject to condition that the petitioner will use the plot exclusively for storage purposes and the condition aforesaid of the perpetual lease deed will also not apply if the plot is used for storage purposes.

(3.) NOTICE of the petition was issued. During the pendency of the petition the parties were referred to the Mediation Cell of this Court. A settlement agreement dated 23rd July, 2010 was signed by the parties settling all disputes regarding composition fee up to the period of 31st December, 2007.