HARVEY RADIO CORPORATION Vs. LT GOVERNOR

JUDGEMENT

(1.) In this writ petition, orders issued by the Delhi Development Authority (hereafter called as the "DDA") on 1.7.05 and dated 4.8.05, have been called into question as illegal and arbitrary.

(2.) The Petitioner was allotted an industrial plot (hereafter referred to as the "property") on lease; possession was handed over on 7.4.1971. It sought for sanction to construct upon the leased lands, on 23.7.1974; permission was accorded on 23.31974. Construction was completed and occupancy certificate was issued on 26.6.1981. It is claimed that in 1989 the Municipal Corporation of Delhi (MCD) granted a license, valid up to 31.1.2002. On 7.4.99 and 16.4.99 the DDA had issued notices requiring the Petitioner to show cause why the lease ought not be determined for violation of its terms, alleging subletting to another concern M/s Pearl, for storage purposes. The Petitioner had resisted the notices and denied the allegations on 28.4.1999. Subsequently, on 26.4.2000 the lease was determined by the DDA.

(3.) The Petitioner approached this Court by filing WP(C) 4223/00. The Court had disposed off the writ petition inter alia with the following directions :-