AJIT SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In this petition the members of the petitioner/Association claim to have entered into different agreements with respondent No. 2, M/s. Skipper Tower Pvt. Ltd. in respect of certain flats built on premises No. 22, Barakhamba Road, New Delhi. This plot of land was auctioned by the DDA for a sum of Rs. 84 lakhs in the year 1982-85. The Skipper Towers Pvt. Ltd. failed time and again to make the payment. Cheques were given which were dishonoured. Writ was filed. The orders of the Court were not honoured. Contempt application was moved and ultimately after the matter had gone up to the Supreme Court the allotment, which was earlier cancelled, was restored vide letter dated 22nd May, 1992.

(2.) However, respondent No. 2 M/s. Skipper Towers Pvt. Ltd. failed to pay the ground rent and interest thereon at the rate of 12 per cent per annum despite notices dated 4th May, 1993, 4th October, 1993, 8th December, 1993 and 4th August, 1994. Consequently, allotment of plot was again cancelled vide lett er dated 15th February, 1995 and the case had been referred to Estate officer for initiating proceedings under Public Premises (Eviction & Unauthorised Occupants) Act, 1971.

(3.) In the meanwhile, the members of the petitioner/Association were given incomplete flats to complete the work at their own end without information, permission and approval of the DDA. Under the terms and conditions of the auction DDA has absolute discretion to grant the said permission and demand Rs. 100 per unit icase of the first sale and at the rate of Rs. 5.00 per square metre/unit in the case of subsequent sale. It appears that in violation of these terms and conditions, even after cancellation of the allotment and re-entry by the DDA, Respondent No. 2, M/s. Skipper transferred the floor space to some persons.