DDA Vs. MEENAKSHI CHOUDHRIE

JUDGEMENT

(1.) The present appeals are directed against a common judgment and order of the learned Single Judge of 8th May, 2012. By the impugned judgment, the learned Single Judge partly allowed the respondents' (hereinafter referred to as 'petitioners') writ proceedings initiated under Section 226 of the Constitution of India. It was contended by the petitioners in those proceedings that the appellant/Delhi Development Authority (hereinafter referred to as DDA) could not claim charges in respect of the period when the plots allotted to them (i.e. the petitioners) had not been constructed upon.

(2.) The brief facts are that the writ petitioners are the allottees of the sub-lessee in the Mohan Co-operative Industrial Estate registered under the provisions of the Societies Registration Act (hereinafter referred to as 'The Society').

(3.) The Society was allotted a land in 1963 for the purpose of development and allotment of individual plots to be enjoyed on sub-lease basis to its members. A perpetual lease deed dated 11.2.1971 was followed by a sub-lease dated 7.1.1972. One of the conditions governing the lease and the sublease was the timely construction of buildings/industrial property upon the concerned plots allotted to each sub-lessee. It is a matter of record and not a serious dispute that due to lack of facilities and amenities that make up for the fuller enjoyment of such property, constructions could not be carried out by the individual sub-lessees for a considerable period of time. Consequently, the DDA granted several extensions relieving the sub-lessee/individual plot holders of the obligation to construct upon their properties; in default of which, the plot owners would face cancellation of the allotment. This is of course in the nature of a condonable breach, subject to payment of composition fee. As stated earlier, it is a matter of record that on several occasions, DDA granted extension to the plot owners having regard to the realities on the ground - these were on 31.8.1997 (extension granted was up to 31.12.1998); on 17.1.1989 (granted up to 31.12.1989); 1.1.1990 (granted up to 31.12.1990), 3.6.1991 (extension granted up to 31.12.1991) and last being on 21.3.1996 for a period upto 31.12.1992.