LALIT MADHAN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) . This appeal is directed against a judgment and order dated 13th September 1996 passed in CW 741/90 by a learned single Judge of this court whereby and whereunder the said writ petition was "allowed only to the extent of directing the respondents to execute and get registered, in accordance with law, the requisite perpetual lease deed in petitioner's favour within a period of two months from today" (13th September 1996).

(2.) The basic fact of the matter is not in dispute. In May 1988, an advertisement was published by the respondents herein to the effect that in respect of sale of Nazul land including plot No. A-1/171-A, Janakpuri, New Delhi measuring 444 sq. mts., a public auclion would be held. Pursuant to and in furtherance of the said advertisement, the appellants herein participated in the bid and their offer having been found to be highest, the same was accepted. The appellants herein deposited 25% of the bid price. According to the appellants, on depositing the said amount, they found that several persons had encroached upon the land in question. By a letter dated 16th June 1988, the appellant brought the said matter to the notice of the respondents and requested them for removal of the encroachments before any further demand was raised by them. Allegedly, despite receipt of the said letter, the respondents issued demand notice on 22nd June 1988. The appellant requested for deferment of the said notice and requested the respondents to remove encroachments and hand over possession of the plot, pursuant to or in furtherance whereof, the appellant deposited the balance amount of 75% of the bid price to save forfeiture of earnest money in terms of earlier communication on or about 20th July 1988. The petitioner, thereafter, issued several letters for handing over peaceful possession of the land in question but no reply thereto was received from the respondents herein.

(3.) On or about 2nd March 1990, the petitioner filed a writ petition, inter alia, praying for the following relief: