HARI PRAKASH EDN WELFARE SOCIETY Vs. DDA

JUDGEMENT

(1.) THE issues that arise for consideration in this appeal and in the connected writ petition between the same parties are inter related. The same shall, therefore, stand disposed of by this common order. The facts giving rise to the filing of the present appeal and the accompanying writ petition may be summarized as under:

(2.) THE plaintiff-appellant society secured the allotment of a plot of land measuring 800 sq. mts. in Sector A, Pocket B of Vasant Kunj area of New Delhi. A perpetual lease dated 12th April, 1990 was, pursuant to the said allotment, executed in favour of the appellant. It is not in dispute that the society has, after obtaining the requisite permissions raised construction necessary for running a nursery school in the name and style of ?tender Hands Nursery School? in the said plot of land.

(3.) BY a show cause notice dated 'nil' but received by the appellant-society on 16th April, 2003, the society was accused of using the property for an unauthorized purpose. The notice alleged that the premises in question was being used for purposes of running a girls hostel and an institute of vocational studies. The show cause notice, therefore, directed the plaintiff to stop the misuser within a period of 15 days and to submit a reply to the notice failing which the allotment/lease in its favour could be determined and the possession of the land and building taken over by the DDA. The Society's version is that on receipt of the above show cause notice, a reply denying the allegations of misuser and offering the premises for a joint inspection was sent to the respondent-DDA by speed post A. D on 30th April, 2003 which was duly received in the office of the DDA on 1st May, 2003. In addition, a copy of the said reply was delivered in the 'receipt and Despatch' cell of the DDA on 1st May, 2003. Without taking the reply filed by the appellant-society into consideration and without even inspecting the premises to verify whether the misuser has stopped as directed by the show cause notice, the DDA is alleged to have terminated the lease in terms of an order passed on the 2nd May, 2003. A copy of the said order of termination was not, however, served upon the Society. Instead a communication dated 14th May, 2003 served upon the society intimated the cancellation termination of the lease and directed the appellant-society to hand over the possession of the property along with the construction raised over the same to the DDA within 15 days failing which the intimation threatened further action in the matter.