R P ANAND Vs. D D A

JUDGEMENT

(1.) The appellants herein purchased a plot bearing No.3 DP, Local Shopping Centre, Pitam Pura, New Delhi measuring 135 sq.mts. earmarked as a nursing home site, in a public auction held by the Delhi Development Authority for a sum of Rs.17,81,000/- in the year 1996. The aforesaid bid amount was paid, subsequent to which possession of the plot was also handed over to the appellants. Building plans for construction of a nursing home were submitted for sanction pursuant to which sanction was also granted. Building was also completed pursuant to grant of sanction plan. Perpetual lease deed was also executed. On 1st July, 1999, occupancy certificate was granted.

(2.) The records disclose that on 4th December, 2001, a request was made by the appellants for change of land use in respect of the aforesaid plot No.3. In the said letter, the appellants took up the plea that the aforesaid land was purchased by the appellants in open auction for the use of nursing home purpose that but it is a very small plot for the said purpose and therefore there is no scope for using the same as a nursing home. It was accordingly, prayed in the application that the land user of the said plot might be changed to commercial user.

(3.) The aforesaid request of the appellants was considered at the appropriate level of the Delhi Development Authority. A letter was written on 8th March, 2002 to the appellants informing them that the competent authority acceded to their request for conversion of the land use from nursing home to general commercial subject to payment of Rs.32,33,250/-. The appellants were directed to deposit the aforesaid amount within sixty days from the date of issue of the aforesaid letter through bank draft so that a formal order for conversion could be issued . Since the appellants did not deposit the aforesaid amount, a subsequent reminder was issued on 24th December, 2004 again directing the appellants to deposit the conversion charges for conversion of land use from nursing home to general commercial. Despite issuance of the aforesaid letters, no written reply was received from the appellants and, therefore, the Delhi Development Authority issued a letter on 28th April, 2005 wherein reference was made to earlier letters dated 8th March, 2002 and reminder dated 24th December, 2004 After making reference to the aforesaid letters, the Delhi Development Authority informed the appellants under letter dated 28th April, 2005 that since till that date they had not deposited the conversion charges even after expiry of three years, it was presumed that they were not interested in the conversion and, therefore, a decision had been taken to cancel the permission of conversion of land user from nursing home to general commercial with immediate effect.