SHANTI MEMORIAL SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was allotted land measuring 10,000 sq.m. (1 hectare) in Lado Sarai by the Delhi Development Authority ('DDA') for the purposes of construction of a hospital. The allotment was made on 6.5.1999. On 19.5.1999 the petitioner complied with all the formalities and paid the full price amounting to Rs.4,45,76,229. On 30.6.1999 the petitioner wrote to the DDA confirming that it had taken physical possession of the land. The lease deed was not executed by the DDA.

(2.) It appears that on 1.9.2001 the land in question was jointly surveyed and measured by Institutional Land (IL) and Nazul Land (NL) branches of the DDA and a report along with the demarcation report was submitted to the land department. The said demarcation report indicated that the land in possession of the petitioner was to the extent of 7528.91 sq.m. against the alloted extent of 10,000 sq. m. On 3.10.2001 the petitioner again wrote to the DDA stating that the delay in execution of the lease was adversely affecting its plans to construct a hospital. The petitioner stated that if any survey required to be undertaken by the Planning Department, it should be done at the earliest so that the lease deed could be executed. The lease deed was still not executed. The petitioner then filed the present writ petition on 5.9.2006 praying for a direction to the DDA to execute the lease deed for the entire extent of 1 hectare that had been allotted to the petitioner. A further prayer was for a direction to the DDA to hand over peaceful and vacant possession of the remaining extent of land measuring 2471.09 sq.m.

(3.) In its reply to the writ petition, the DDA has not disputed any of the above facts. It is explained in the affidavit that the land allotted to the petitioner was to be bifurcated by a proposed Master Plan road of 80 meter width. Since this road could not be constructed as proposed, the competent authority felt that the matter required re-examination. It is stated that the remaining 2471.09 sq. m. of land is encroached and under litigation. Even the extent of 7528.91 sq.m. of land would be affected by the road if it was constructed. In the circumstances it is stated that the DDA wrote to the Ministry of Urban Development to examine the possibility of realignment of the road.