S GURBACHAN SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Rule D.B.

(2.) The two petitioners, by this petition filed under Article 226 of the Constitution, seek to have the notice dated 11 February 1993 issued by the respondents cancelling the perpetual lease in respect of an industrial plot of which they are the lessees quashed. Then they are seeking consequential reliefs. There are three respondents. First respondent is the Delhi Development Authority (D.D.A.), a body constituted under the Delhi Development Act, 1957; the second is the Lt. Governor of delhi; and the third Union of India through the Secretary, Ministry of Urban Development, New Delhi. A perpetual lease deed dated 20 July 1974 respecting industrial plot bearing No. B-62, Wazirpur Industrial Area, was executed in favour of the petitioner by the President of India. All the powers exercisable by the lessor, the President of India, under this lease could be exercised by the Chief Commissioner.Delhi, by what ever name called. No whis designation is Lt. Governor. These would be clauses VIII and IX of the lease deed. Clause XI says that the lease is granted under the Government Grants Act, 1895. The Lt. Governor determined the lease of the plot by his order dated 6 May 1992 for violation of the various clauses of the lease deed. The impugned notice dated II February 1993 refers to clauses 11(2), ll(4)(a) and 11(12) of the lease deed breach of which is complained. We may as well reproduce the impugned notice :- "Sub:- Determination of Lease Deed of Plot No. B-62, Wazirpur Industrial Area. Whereas by virtue of lease deed dated 20.7.74 made and executed between S/Shri Gurbachan Singh and Gurbax Singh and President of India, you are the lessee of the plot of land referred to above. AND WHEREAS by virtue of clause 11(2) of the lease deed, you shall not deviate in any manner from the lay-out plan nor alter the size of the industrial plot whether by sub-division, amulgamation or otherwise. AND WHEREAS by virtue of clause ll(4)(a) of the lease deed you shall not sell, transfer, assign or otherwise part with the possession of the whole or any part of the industrial plot except with the previous consent in writing of the Lessor, which he shall be entitled to refuse in his absolute discretion. AND WHEREAS by virtue of the clause 11(12) of the lease deed, the lessee shall not without the written consent of the Lessor use, or permit to be used, industrial plot or in any building thereon for residence or for carrying on any trade or business whatsoever or usee the same or permit the same to be used for any purpose other than that of carrying on the manufacturing process or running all light industries as per MAS1TR PLAN except food products, cold storange, ice factory, acid and chemicals or such other manufacturing process or industry as may be approvedd from timetotime bythe L.G.or door suffer to bedone therein anyact or thing whatsoever which in the opinion of the Lessor may be nuisance, annoyance or disturbance to the Lessor and persons living in the neighbourhood. AND WHEREAS it has come to the notice tht you are using allotted site for the purpose of STEEL ROLLING MILLS and also constructed un-authorised sheds and shop and sub-letted to some one for STEEL ROLLING MILLS, which is the contrary/breach of the aforesaid clauses of the lease deed. AND WHEREAS in spite of sufficient opportunities given to you vide this office show cause notice dated 30.10.84, 23.11.90, 27.2.91 and 14.5.91 you have failed to.remove the aforesaid breaches. AND WHEREAS the lease deed of the plot has been determined by the L.G., Delhi vide his order dated 6.5.92 for violation of the aforesaid clauses of thelease deed. You are, therefore, directed to hand over peaceful possession of the Plot No. B-62, Wazirpur Industrial Area along with the building and fixtures standing thereon to the Assistant Engineer (Indl.) on 15.2.1993 at 11.00 A.M. sd/- Deputy Director (Industrial) Delhi Development Authority."

(3.) By an interim orderdated 25Junc 1993 this.Court directed that status quo as of that date shall be maintained respecting the plot. At the same time notice was issued to the respondents to show cause as to why rule nisi be not issued. Parties have since completed their pleadings and we have heard them at length.