RAJENDERAS INDIA LIMITED Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is plaintiff's application seeking injunction restraining the defendant from taking forcible possession of plot No. 10, New Subzi Mandi, Azadpur, Delhi, and the building standing thereon or any part thereof or from interfering with the possession of the plaintiff in any manner, without payment of compensation and without due process of law.

(2.) On 2nd April, 1991, an ad interim ex parte injunction was granted restraining the defendant from taking possession of the property in question except in due course of law.

(3.) Plaintiff is a company and claims to be carrying on business as promoters and builders of multi-storeyed buildings in Delhi. Plot No. 10, New Subzimandi, Azadpur, Delhi was put to auction by defendant on 5th January, 1987. Plaintiff was declared to be the highest bidder having made a bid of Rs. 25,05,000.00 . As per terms of auction, the plaintiff deposited 25% of the bid amount immediately on the fall of the hammer and balance of 75% was to be deposited within 90 days of the acceptance of the bid which was to be communicated by the defendant to the plaintiff. The bid made by the plaintiff was duly accepted and the amount was duly deposited by the plaintiff. Lease deed was not executed and it appears that there was some dispute as regards the terms to be incorporated therein. According to the plaintiff, the dispute as regards some of the terms of lease deed was a subject matter of number of disputes in a writ petitions including., M/s.Lord Builders Pvt. Ltd. v. Union of India and Delhi Development Authority in which main prayer was about the change in terms of the draft lease in the form in which the Delhi Development Authority wanted the builders to execute and the said builders requested the Delhi Development Authority to amend the terms.