STRENGTH INDIA EDUCATIONAL SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition bring to the fore an incident of the Delhi Development Authority effecting allotment of a plot to an educational institution on the admitted position that the allotment was effected without such plot being earmarked on the lay out plan of the area in question. The case also raises issues relating to the consequence of double allotment and encroachment existing on different portions of the land of which the allotted area forms a part, and the consequences of non -payment by the petitioner of the land cost demanded by the DDA towards such allotment for these reasons. The petitioner, a society registered under the Societies Registration Act, 1860 has claimed that it is running a college of professional studies by the name of Vivekananda Institute of Professional Studies as affiliated to the Guru Gobind Singh Indraprastha University since 2004. The institute is being run from rented premises and consequently the petitioner society was interested in acquiring land to raise construction of an institute for higher education. The petitioner's application for allotment of five acres of land was recommended by the Directorate of Higher Education of the Government of NCT of Delhi by a letter dated 2nd August, 2000 sent to the Delhi Development Authority. An application dated 31st January, 2001 with the requisite documents was submitted by the petitioner to the Delhi Development Authority seeking allotment of such plot. The petitioner and the Delhi Development Authority (respondent no. 2 herein) exchanged extensive correspondence requiring the petitioners to submit its documents establishing its financial status; memorandum and articles of association; income tax sanctions and permissions etc.

(2.) PURSUANT to the above decision, by an allotment letter dated 7th February, 2002, the DDA conveyed the decision to allot five acres of land in the AU Block, Pitampura to the petitioner. It was notified that the petitioner was required to pay a provisional premium of the land measuring five acres at the rate of Rs. 50 lakhs per acre plus 142% enhanced with 2.5% ground rent of the premium per annum. Thus the total premium payable by the petitioner was to the tune of Rs. 6,20,12,545/ - while ground rent to the tune of Rs. 15,12,500/ - per annum was payable. The petitioner was required to make payment of this amount within sixty days from the date of issue of the allotment cum demand letter. In case of delay beyond sixty days, the petitioner was liable for interest at the rate of 18% payable for the delay period up to six months of the issuance of the letter, after which the allotment was required to stand automatically cancelled.

(3.) ON 16th May, 2002 the petitioner issued a reminder to the DDA for the site plan of the allotted land. It was also informed that when the petitioner identified and visited the land with the help of the local DDA officials, the petitioner found that the land allotted to it was encroached. A request was made to the DDA to remove the encroachments from the land and to also provide the site plan so that the petitioner can prepare the project report for approaching financial institutions.