DARSHAN LAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India an action of the Delhi Development Authority (DDA) canceling the perpetual lease deed of the petitioner, dismissing a plot measuring 978 sq.yds. (hereafter the plot ) has been impugned.

(2.) The petitioner was allotted a plot, as member of Mohan Cooperative Estate Ltd. A perpetual sub-lease was executed in his favour on behalf of the Central Government on the 17th of April 1978.

(3.) After securing the necessary permissions the petitioner put up building on the plot and started using it. On 10.12.2002 the DDA (which in the meanwhile had been handed over the management of the Estate and lease hold rights) issued a show cause notice alleging that during the course of a site inspection it was discovered that the plot was being used for Godown Engineering Tool which was in breach of conditions the lease deed. The DDA further directed that the said misuse of the plot be stopped forthwith and that an amount of Rs.1039/- per sq.mtr. per annum be deposited for the past period, along with documentary evidence about the commencement and stoppage of use within 15 days.