SECURE INVESTMENT CO Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged a notice dated 8th July, 1985 given by the respondent No. I, the Delhi Development Authority, to the respondent No. 2 M/s. Raja Towers (P) Limited, alleging misuser of plot No. 30 and 31, District Centre, Kalkaji, Nehru Place, New Delhi.

(2.) . The facts and circumstances of this case may shortly be stated.

(3.) . On 18th October, 1972, the respondent No. I, Delhi Development Authority (hereinafter referred to as the 'D.D.A.') put up for auction the leasehold right of plot No. 30-31, Nehru Place, New Delhi, of which the respondent No. 2, M/s. Raja Towers (P) Limited, was declared as the highest bidder. The auction was made subject to certain terms and conditions. Under Clause 4(2)(i) of the Terms and Conditions the lessee shall have to errect, within three years from the date of offer of the possession of the plot, a building in accordance with the type, design and other architectural features prescribed by the Delhi Development Authority after obtaining and in accordance with the sanction to the building plan with necessary design plans and specifications from the proper Municipal bye-laws and the Delhi Development Authority. Under Sub-clause (ii) the plot or building therein shall not be used for purpose other than that as specified. Sub-clause (v) provides that the lessee would be entitled to sublet the whole or part of the building that may be on the plot for the purpose specified in the terms and conditions of the original Lease. Further the lessee would be entitled with the prior permission of D.D.A. in writing to sell or transfer the floor space constructed on the plot. After the respondent No. 2 became the successful bidder of the plot in question, a lease deed dated 29th November, 1973 was executed by and between the respondents. The respondent No. 2 duly constructed a maulti-storeyed building on the said plot, and, therefore, sold the flats, as also the floor space of the building so constructed. The list of the flat owners in Building,No.30-31,Nehru place, New Delhi, submitted by the respondent to the petitioner.