RUBY ADVERTISERS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner being the perpetual lessee of an industrial plot is aggrieved by levy of a charge as a pre-condition to the grant of permission to let out the premises constructed on the said plot.

(2.) The petitioner, a partnership firm, purchased an industrial plot measuring 600 sq. yds. bearing No. E - 49/3, Okhla Industrial Area, Phase - II, New Delhi in an open auction in the year 1972 and the perpetual lease deed was executed in favour of the petitioner on 04.01.1973.

(3.) The petitioner constructed an industrial building for carrying on its business of manufacture of garments and was using the same since its inception. However, on account of apparently recession in the business, the petitioner wanted to let out a part of the premises. It is stated that though the petitioner was not bound to apply for permission to let out the portion of the factory premises to a third-party, had applied to the respondent for the same on 23.02.2001. The petitioner received a letter dated 12.04.2001 in response thereto asking the petitioner to apply in prescribed format and intimating that the petitioner was obliged to pay to the respondent advance rent / charges @ Rs.1.00 per sq. ft. per month. It is this demand with which the petitioner is aggrieved and has filed the writ petition seeking quashing of the letter dated 12.04.2001 requiring the petitioner to deposit the amount @ Rs.1.00 per sq. ft. per month.