S.D. BEARING CO. Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The instant writ petition has been filed on behalf of the petitioners under Article 226 of the Constitution of India against the order dtd. 21/10/2016 passed by the Estate Officer, DDA and order dtd. 2/2/2021 passed by learned Principal District and Sessions Judge, West, Tis Hazari Courts, Delhi in SD Bearing vs. DDA, PPA 22/2016 and S.K. Trader vs. DDA, PPA 23/2016.

(2.) The background of the matter reveals that M/s Desh Raj Engineering was allotted Plot No. B-31, Rewari Line, Industrial Area Phase-II, Mayapuri, New Delhi (hereinafter "the property") with perpetual lease deed executed between the proprietor Desh Raj Ahuja and the Delhi Development Authority on 14/11/1972.

(3.) A survey was conducted on the property and report dtd. 3/10/2002 was made by the Assistant Engineer (Industrial) DDA, wherein it was found that the said property was rented to four different persons, namely, Mr. Surender Kumar (LR of the Proprietor of M/s S.K. Traders), Mr. Sridar Jaiswal (Proprietor of M/s S.D. Bearing Company, the petitioner herein), Mr. Vishal Yadav and Mr. Santosh Kapoor. In pursuance to the report, a Show Cause Notice dtd. 6/10/2002 was issued to the unit with directions to stop the misuse of the plot and deposit misuse charges within 15 days, failing which cancellation of lease deed was contemplated.