SATISH KUMAR KAPOOR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) With the consent of learned Counsel for the parties the petition is taken up for final disposal.

(2.) The petitioner was granted perpetual sub-lease hold rights in respect of plot A-80, Geetanjali Enclave, New Delhi, measuring 900 square yards (752.51 square metres) in pursuance to the perpetual sub-lease deed 10.1.1972. The petitioner was required to construct on the plot in question within a period of two years from 21.9.1971 in terms of Clause II(5). This period in terms of guidelines of respondent were extended to three years from two years. Thus the petitioner was required to complete the construction by 20.9.1974.

(3.) It is not disputed that a general amnesty period was provided from 1.1.1971 to 31.12.1975 in view of the shortage of steel, cement and necessary requirements for carrying on construction. On 15.9.1976 the Urban Land (Ceiling and Regulation) Act was notified and made applicable to Delhi (hereinafter referred to as the Act). The petitioner applied for exemption under the Act on 14.9.1976. On 7.1.1988 a draft assessment order was prepared in terms whereof the entire land was liable to be forfeited and to vest with the Government under the said Act. The petitioner filed objections to the same and final order was passed on 29.1.1991 under Section 9 of the said Act to the effect that out of the total land of 752.51 square metres the land measuring 261.84 square metres was declared surplus and the petitioner was entitled to retain the balance portion of land. The petitioner filed an appeal against the said order and the operation of that order dated 29.1.1991 was stayed.