DELHI DEVELOPMENT AUTHORITY Vs. BEDI FOUNDARY WORKS

JUDGEMENT

(1.) THIS Intra-Court appeal impugns the order dated 11th August, 2004 of the learned Single Judge allowing W.P.(C) No. 2105/1992 preferred by the respondent no.1 (hereinafter called writ petitioner) by quashing the letters dated 12th February, 1990 and 14th November, 1990 of the appellant DDA and by directing the appellant DDA to execute the necessary conveyance deed with respect to plot no.C-296 ad-measuring 400 sq. yds., Rewari Line Group Industrial Area, Phase-II, Mayapuri, New Delhi in favour of the writ petitioner. The appeal also impugns the subsequent order dated 4th March, 2005 of the learned Single Judge dismissing the review petition filed by the appellant DDA. Notice of this appeal was issued and vide detailed order dated 20th January, 2010 the delay in preferring the appeal was condoned on payment of costs. The counsels have been heard.

(2.) THE writ petition was filed by the writ petitioner pleading:-

(3.) THE learned Single Judge however vide impugned order dated 4 th March, 2005, upon the writ petitioner showing a letter dated 11 th August, 1978 and copy of deposit challan dated 16 th August, 1980 for Rs.13,611/- and 10th November, 1980 for Rs.6,600/- in the Court, dismissed the review petition observing that the stand of the appellant DDA in the counter affidavit was prima facie not borne out from the records of the appellant DDA. It was further observed that no sufficient reasons for not having the counter affidavit to the writ petition placed on record within time had also been disclosed.