LOVELY BAL SHIKSHA PARISHAD Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The conduct of the respondents in particular that of the Municipal Corporation of Delhi (in short `MCD') to which we would often advert in this judgment, has caused us some anguish. A piece of land measuring 2.47 acres (the actual area on the spot being 2.69 acres bearing No.PS-4, located in pocket B(F), Mayur Vihar Phase-II is the bone of contention between the parties in these appeals.

(2.) Sometimes in the year 1988, the MCD sought allotment of a piece of land from the Delhi Development Authority (in short `DDA') in Mayur Vihar Phase-II for construction of a primary school. In June 1989, DDA decided to allot one acre of land out of plot No.PS-4, pocket B(F), Mayur Vihar Phase-II. Vide a communication dated 9/09/1989 called upon the MCD to deposit a sum of Rs.5,000.00 as the lease premium for grant of perpetual lease in respect of the said piece of land. This letter was duly received in the MCD but it appears that the concerned authorities and officers in the MCD slept over the matter for about 8 years as neither any acceptance for allotment of the land was communicated to the DDA nor the lease premium of Rs.5,000.00 as asked for by the DDA was deposited despite reminders dated 30/09/1992 and 18/09/1993 issued by the DDA. Surprisingly, the MCD even without accepting the allotment and/or making payment of the lease money and without any permission of the DDA, occupied the entire plot of land and started running a primary school from the said site in tents since 1994. As the lease money was not paid by the MCD for a period of about 8 years after allotment-cum-demand letter since September, 1989, the DDA cancelled the allotment of land vide a letter dated 12/06/1997. Even this action of the DDA did not move the MCD and it kept quite again for about 2 years.

(3.) The appellant, a Society registered under the Societies Registration Act, applied for the allotment of land for the purpose of a Middle School. The case of the appellant-Society for allotment was duly sponsored and recommended by the Directorate of Education of the Delhi Government. The Allotment Committee of the DDA considered the request of the appellant-Society and recommended the allotment of entire plot of land measuring 2.47 acres to the appellant-Society. The DDA vide a communication dated 2/07/1998 allotted the said piece of land to the appellant-Society at a lease premium of Rs.97,64,641.00 which amount was deposited by the appellant-Society with the DDA on 23/12/1998. However, it appears that the possession of the allotted land was not handed over to the appellant-Society obviously for the reason that a primary school of the MCD was already running from the said site, though in tents. In May and September, 1999, the DDA categorically informed the MCD that allotment of land in its favour made in the year 1989 had been cancelled after giving several opportunities and the land stood allotted to the appellant-Society who had paid full lease money and, therefore, possession of the land has to be handed over to them. The DDA, however, suggested to the MCD that another plot measuring 1 acre situated in Sector-G, Mayur Vihar Phase-III could be considered for allotment to the MCD for construction of a primary school. It was also informed that another primary school of MCD was already existing in Mayur Vihar Phase-II at a distance of 1 to 1.5 kilometers from the land in question and called upon the MCD to hand over the possession of the plot in question to the appellant-Society.