ROHIN ARORA Vs. D D A

JUDGEMENT

(1.) The writ petitioners here seek a quashing order in respect of a letter dated 23.6.2005 issued by the Delhi Development Authority (hereafter "DDA") informing the petitioners about a demand a for Rs.17,76,015/- on account of composition issued on 13.6.2005.

(2.) The facts necessary to decide this case are that on 19.2.1974, the DDA allotted a plot of land being industrial plot No. X-10, Okhla Industrial Area, Phase -II New Dellhi measuring 601.64 yards (hereafter "the plot") to M/s. Wirk Enterprises Pvt. Ltd.,(hereafter "the original allottee") in an open auction. On 17.2.1977, DDA executed lease deed in favour of the original allottee. Some of the relevant conditions are extracted below :

(3.) On 21.02.1977, DDA permitted the original allottee to mortgage the plot in favour of Punjab and Sind Bank for raising loan. Since the original allottee failed to repay the loan amount, the Bank filed a suit for recovery against it, in 1980; it was registered as Suit No.470 of 1980, Punjab and Sind Bank Vs. M/s. Wirk Enterprises Pvt. Ltd., and Ors. This Court, on 9.10.1985, directed the sale of the said plot for the recovery of the amounts outstanding against the allottee. The Court further directed, on 15.11.1991, that the property to be sold by Court auction with a direction that no offer below Rupees 28 lakhs inclusive of the unearned increase be accepted. A court auction notice was issued on 2.3.1993; it contained, inter alia, the following conditions :