EAST INDIA HOTELS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is directed against the cancellation order / letter dated 11. 04. 2005 issued by the Deputy Land and Development Officer on behalf of the Government of India whereby the allotment of 2. 762 acres of land situate between Oberoi Hotel and the Blind Relief Association on Lal Bahadur Shastri marg for construction of a hotel by virtue of the allotment letter No. L-III/8/13 (16)/82-187 dated 27. 06. 1995 was cancelled and withdrawn. The petitioners also seek a writ of mandamus directing the respondents to execute the licence in favour of the petitioner No. 1 in respect of the said plot of land in terms of the allotment letter dated 27. 06. 1995 and to issue necessary clearances and grant a No Objection Certificate in favour of the petitioner No. 1 for construction of a budget hotel on the said land.

(2.) ON 18. 06. 1983, the Government of India conveyed the sanction of the president of India for the allotment of the said land to Delhi Tourism and transportation Development Corporation (DTTDC) for the setting up of a budget hotel for catering to the requirement of tourists belonging to the middle and low income groups, on certain terms and conditions. Conditions 7 and 8 are relevant and they read as under:-

(3.) ON 24. 02. 1992, an advertisement was taken out in the Times of India by the Department of Tourism, Government of India. The said advertisement was as under:-