DELHI AUTOMOBILES LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER - company through its Chairman i.e. the second petitioner, on the basis of General Power of Attorney in his favour in respect of Property No.1, at Sikandra Road, New Delhi (henceforth referred to as the ,,subject premises) had sought its mutation, which was declined by second respondent- Land & Development Officer (L & D.O.) of first respondent, vide its Communication of 18th September, 1992 (Annexure-H), as subject premises was already re-entered by contesting respondents w.e.f. 9th July, 1970 and intimation of re-entry was already conveyed to the lessee vide letter of 30th July, 1970.

(2.) LESSEE ­ Gagbir Singh had sought withdrawal of re-entry and the contesting respondents vide Communication of 12th July, 1993 (Annexure-J) had agreed to withdraw re-entry order in respect of subject premises subject to payment of charges/ penalty to the tune of Rs.8,46,716/- within stipulated period of forty five days while clarifying that this Communication will not act as waiver to recover damages found payable.

(3.) DURING the period from April, 1994 till April, 2000, the matter of withdrawal of re-entry remained dormant. respondents Vide Communication of 27th April, 2000, petitioners were informed that offer to withdraw re-entry order stands cancelled and intimation of 31st March, 1994 regarding withdrawal of re-entry being under consideration of the lessor also stands withdrawn/cancelled, as petitioners had not complied with the terms and conditions of aforesaid offer made on 12th July, 1993.