OM APPARTMENT PVT LTD Vs. DELHI DEVLOPMENT AUTHORITY

JUDGEMENT

(1.) THE Petitioner was the successful bidder at the auction of perpetual lease hold rights in commercial Plot No. 92, Nehru Place, New Delhi, held by the Delhi Development Authority (DDA ). After construction of the multi-storey building, the Petitioner sold the apartments therein to various persons.

(2.) THE Petitioner states that on 31st May, 1983 the Respondent issued show cause notice to the Petitioner stating therein that the basement is being used for office and shops contrary to the terms and conditions of the auction/lease deed. The Petitioner replied to the said show cause notice vide reply dated 10th June, 1983 denying that any breach of the terms and conditions of the auction was committed.

(3.) THE DDA despite this reply vide communication dated 10th september, 1983 informed the Petitioner that the allotment of plot in question had been cancelled. Subsequently, ex-parte proceedings were taken against the Petitioner culminating with eviction order dated 19th July, 1993 under the provisions of the Public Premises (Eviction of Unauthorised occupant) Act, 1971. According to the Petitioner the said impugned action was without notice or service and without affording any opportunity of hearing.