LAJ WANTI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is a classic case of monopolistic institutional exploitation by the respondent- DDA. In similar circumstances, the Division Bench of this Court on 7.5.1990 in the case of the same Cooperative Society, which is the Society in this case also, in the matter of N P Taneja Vs. Registrar, Cooperative Societies, Delhi & Ors. decided that noncommunication of the order of Lt.Governor, Delhi, which was the basis for determination of sub-lease of the petitioner pursuant to show cause notice dated 13.4.1987 was bad in law as oh that basis the Lt.Governor on 18.3.1987 had determined the sub-lease of the petitioner without supplying a copy of the same to petitioner despite requests and demands. Like in the case of N P Taneja's (supra), in this case also the petitioner has demanded a copy of the said order of the same dated i. e. 18.3.1987. The dates of the orders by which the sub-leases were determined are also common in the present writ petition as well as in the case of N P Taneja's case (supra). The Division Bench in N P Taneja's case (supra) held that :-

(2.) That order in the case of N P Taneja's case (supra) was challenged by the respondent in the Supreme Court of India by filing a Special Leave to Appeal (Civil) bearing no.2626/1991, no stay was granted. Supreme Court dismissed the said appeal on 1.5.19.96. It has also been brought to our notice that regarding similarly situated persons of the said society, the Lt.Governor, Delhi as Chairman of DDA on 7.6.1991 in the case of Smt.Kamla Yadav had passed certain orders. Doubts the legitimacy of the membership of said Smt.Kamla Yadav was set at rest by the said order. Lt.Governor noted in his order :-

(3.) As a matter of fact, respondent-DDA acted on the said letter of the Lt.Governor and vide their letter dated 5.9.1991 they informed the said Smt.Kamla Yadav that lease hold rights have been restored in plot no. 117 in Rajdhani Cooperative Society subject to payment of restoration charges and no other charges were asked from the said Smt.Kamla Yadav. Similar order was passed in the case of said Maya Devi.