K N BABBAR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner in the present writ petition assails demand notice No. 1544 dated the 26th March, 1992 (Annexure P-10), issued by the Delhi Development Authority (hereinafter referred to as 'the DDA'), demanding a sum of Rs. 4,56,587/ - from the petitioner and subsequent reminders dated the 5th June, 1992, 27 th August, 1992 and 4th October 1993.

(2.) The facts relevant for the disposal of the present writ petition lie in a narrow compass. The petitioner purchased an industrial plot, bearing No.C-3, Okhla Industrial Area, Phase-l, measuring 1210 sq yard in an open auction held by the DDA on 30th March, 1974 for Rs.70,000.00 as a partner of M/s International Refrigeration Industries. After completion of usual formalities the possession of the above said plot was handed over to the petitioner by respondent DDA on 21 st June, 1977. Since then the plot in question is in possession of the petitioner. However, lease deed in respect of the same has not been executed by the respondent DDA so far. Vide impugned demand notice (Annexure P-10), the respondent DDA has demanded a sum of Rs. 4.,56,587.00 from the petitioner as per details given below:- (i) Penalty for non-construction of building from 21.6.80 of 20.2.92. Rs.3,84,434.00 (ii) Penalty for non-submission of lease deed papers. Rs.54,648.00 (iii) Ground rent from 21.6.77 to 20.6.82. Rs.17,505.00 Total Rs.4,56,587.00

(3.) The case of the petitioner, in brief, is that the claim of the DDA is wholly malafide and without any basis whatsoever. It has been prayed that a writ of certioraris or any other writ or order or direction quashing the impugned demand notice and reminders dated 5th June, 1992, 27th August, 1992 and 4th October,1993, issued by the respondent DDA, be issued by this Court.