CHANDER MOHAN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The grievance of the residents of Panch Shila Park South that respondent No. 1 - DDA was constructing an office complex on the land of the society has given rise to the present writ petition.

(2.) The writ petition was originally filed by five petitioners, who are all residents of Panch Shila Park South impleading the Panch Shila Cooperative House Building Society Limited as respondent No. 2, but the said society was subsequently transposed as petitioner No. 6 in terms of the Order dated 24.03.1999.

(3.) A Memorandum of Agreement was executed by the President of India and the petitioner No. 6 society on 19.01.1963 granted licence to the society to enter upon the land for the purposes of making services and taking measures as also for preparing a lay-out plan for development of residential plots in lieu of the consideration deposited by the society of Rs.32,37,960/- as also the additional sums further deposited subsequently. It is further provided in the said Agreement that on compliance of the terms and conditions by the society, the society would accept the lease of such of the residential plots as may be determined by the Chief Commissioner in his absolute discretion and that the President of India may dispose of the remaining parts of the land in any manner to whomsoever he thinks proper and the society shall not be entitled to claim refund of any amount by reason of having developed the land. The said clauses VII and VIII are as under:-