DDA Vs. SACHIN J.JOSHI

JUDGEMENT

(1.) This is an appeal from the judgment of a learned single judge of this court in W.P (C) No.8496/2008 rendered on 02.02.2012 on a writ petition filed by Sachin Joshi, for and on behalf of M/s. Asrani Inns & Resorts Private Limited, ("hotel") against the order passed by the Lieutenant Governor, Delhi, ("LG") acting as competent authority of the Delhi Development Authority ("DDA"), on 10.04.2008 refusing permission to the hotel (petitioner in the writ petition) to amalgamate two hotel-plots at Wazirpur District Centre which were acquired by it under an auction held by the DDA.

(2.) This is the second round of litigation. Shorn of unnecessary details, the facts are that the hotel (respondent herein) acquired two separate, adjacent plots of land measuring 7220.40 sq. mts. and 7030 sq. mts. in Wazirpur District Centre, Delhi in the auction held by DDA on 04.05.2006. The purchase price was Rs. 127 crores and Rs. 102.40 crores respectively. They were freehold plots. One of the conditions of the auction was that "the successful bidder/allottee shall not deviate in any manner from the layout plan nor alter the size of the plot for the said purpose either by sub-division, amalgamation or otherwise" vide sub-clause (vii) of clause 3.10 of the general terms and conditions of the auction of hotel plots under the DDA (Disposal of developed Nazul land) Rules, 1981. The permissible built-up area or "floor area ratio" (FAR) for the first plot was 15,500 sq. mts. and for the second plot it was 14,500 sq. mts. The necessary bank and performance guarantees were given. Two separate conveyance deeds, both dated 03.11.2006 were executed by the DDA in favour of the hotel.

(3.) On 14.12.2006 the respondent herein wrote to the DDA seeking permission to amalgamate the two plots and pointed out the benefits of amalgamation. Permission for excavation was sought on 15.12.2007 pending approval of the request for amalgamation and the plans and other issues. The respondent was informed by the DDA that the request was being processed and thereafter it would be put up to the LG, who is the competent authority, for approval of the request for amalgamation. It was also informed that if the request was approved the necessary charges for amalgamation and other charges will have to be paid, subject to the procedure outlined in the Resolution dated 07.01.1991 of the DDA and the letter dated 20.01.1992 issued by the Ministry of Urban Development (MOUD). It appears that at this stage the hotel filed a Writ Petition (C) No.4251/2007 before a learned single judge who, besides issuing certain directions on the same, also directed that the LG's decision on the request for amalgamation shall be communicated to the writ petitioner on or before 13.08.2007.