SHARDA NATHE Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) THE appellant, Ms. Sharda Nath, has filed the present Letters Patent appeal impugning the judgment dated 12th December, 1996 dismissing her writ Petition No. 1026/1981. The appellant in the said writ petition had challenged order dated 30th March, 1981 issued by the Delhi Development authority (hereinafter referred to as DDA, for short) restoring sub-lease deed dated 17th July, 1965 executed in favour of Mr. Dharam Chand and cancelling the lease deed dated 5th July, 1973 executed in her favour. Both the aforesaid lease deeds pertain to a plot No. C-70 (new No. G-20) located in Maharani Bagh, New Delhi, measuring 800 square yards. The above two sub-lease deeds were tripartite documents executed by the President of india, Maharani Bagh Co-operative House Building Society Limited (hereinafter referred to as the Society, for short) and Mr. Dharam Ghand in respect of sub-lease dated 17th July, 1965 and Ms. Sharda Nath in respect of sub-lease dated 5th July, 1973.

(2.) THE President of India has executed a perpetual lease deed dated 2nd november, 1964 in favour of the Society for the purpose of allocating plots to it's members. Mr. Dharam Chand was a member of the Society and accordingly sub-lease deed dated 17th July, 1965 was executed in his favour. As per the said sub-lease deed, Mr. Dharam Chand was required to construct a residential building on the plot within a period of two years after obtaining sanction for the building plans. The relevant clause of the sub-lease deed is as under:-

(3.) MR. Dharam Chand constructed two garages, bathroom and WC on the ground floor and two rooms with bathroom and a veranda on the first door above the garage block. The respondent-DDA felt that there was non-compliance of the aforesaid clause and by letter dated 21st May, 1973, the sub-lease deed dated 17th July, 1965 was determined.