LAWS(DLH)-2003-9-112

JAKSON ENGINEERS PRIVATE LIMITED Vs. DELHI DEVELOPMENT AUTHORITY

Decided On September 12, 2003
JAKSON ENGINEERS PVT.LTD. Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) The respondent DDA held auction on 08.08.1985 for plots and the petitioner was the successful bidder for leasehold rights in respect of plot No. C - 149, Rewari Line Industrial Area, Phase - II, New Delhi for a sum of Rs.19,40,000.00 and deposited the earnest money of 25% at the fall of the hammer amounting to Rs.4,85,000.00 .

(2.) The bid made by the petitioner was confirmed vide letter dated 12.09.1985 and the demand was made for the balance amount of Rs.14,55,011.00 to be paid within one month from the date of issue of the letter.

(3.) The petitioner visited the site, but found that the plot was encroached upon and occupied. There were few huts on the plot where people were living and the plot was being used as a godown/factory for truck body building. The petitioner, thus, set out these facts in a letter dated 10.10.1985 addressed to the respondent DDA and requested for the plot to be vacated so as to enable the balance amount to be deposited. The petitioner has also filed photographs to show encroachments on the plot.