RAJANDHEER INDIA PVT LTD Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The action of the respondent Delhi Development Authority ( for short, `DDA' ) in determining the sub-leases in respect of various plots located in Mohan-Cooperative Industrial Estate has given rise to these writ petitions. The impugned orders of determination allege that there has been breaches on the part of the sub-lessees of the terms and conditions of the sub-lease deeds. The sub-lease deeds in question specify the user to which the plot can be put to. In almost all the matters, the action has been taken on account of the fact that the petitioners are using the properties in question for commercial and trading activity while it is only the manufacturing and industrial activity which can take place on the plot and that too in terms of the prescribed user as per the Master Plan. In some of the cases, the action has also been taken on account of there being sub-letting by the sub-lessees to third-parties.

(2.) In view of the fact that common questions of law had arisen, these matters were heard together with CWP No. 2487 of 2003 being treated as the lead matter.

(3.) In order to appreciate the rival contentions of the parties, it would be necessary to reproduce some of the salient terms and conditions of the sub-lease deeds, which are common in these matters and read as under :-