(1.) THIS appeal is directed against the impugned order dated 8th April 2008 passed by the learned Single Judge, dismissing the appellants Writ Petition (Civil) No. 8101 of 2007.
(2.) THE appellant No. 2 Asrani Inns and Resorts Pvt. Ltd., in which the appellant No.1 holds 25.36% shares and is a Director, is in the real estate and construction business. The appellant No. 2 purchased two adjacent hotel plots measuring 7220.40 sq. mts. (plot No. 1) and 7030 sq. mts. (plot No. 2) at the Wazirpur District Centre, Delhi for Rs. 127 crores and Rs. 102.40 crores respectively in an auction held by the Respondent No.2 Delhi Development Authority (DDA) on 4th May 2006. The permissible built up area or Floor Area Ratio (FAR) as regards plot No. 1 was 15,500 sq. mts. and as regards plot No. 2 it was 14,500 sq. mts. Two bank guarantees in the sum of Rs. 6.53 crores for plot No. 1 and Rs. 5.12 crores for plot No.2 were furnished by the appellants to the DDA. These bank guarantees were liable to be invoked in case there was a delay on the part of the appellants in completing the construction of the plots. There were two separate conveyance deeds dated 3rd November 2006 executed by the DDA in favour of the appellant No. 2.
(3.) ACCORDING to the appellants, theirs was a Rs. 500 crore project of building a hotel in North Delhi to meet the requirements of the forthcoming Commonwealth Games in Delhi in 2010. The hotel project had to be completed within 42 months of the allotment of the plots. The appellants submitted for approval to the DDA a plan for the construction of a hotel on the two plots combined. According to the appellants they were initially given to understand by the DDA that the permission for amalgamation would be granted. The DDA in fact granted permission to start digging and excavation on the two plots by its letters dated 12th February 2007 and 22nd February 2007 respectively. On 8th March 2007, the appellant No.2 Company requested the DDA for issuance of a no objection certificate (NOC)/approval of the plans and drawings submitted to it. Reminders were sent on 20th March 2007, 9th April 2007 and 26th April 2007. It is contended that whereas permission for amalgamation of plots were given in respect of certain other plots in Kalkaji, Vasantkunj and Mandawali Faizalpur, as far as the appellants were concerned, the DDA failed to respond to the numerous letters written to it. Accordingly, the appellants approached this Court by filing Writ Petition (Civil) No. 4251 of 2007. In the said writ petition, the following order was passed by a learned Single Judge of this Court :