MOTHER GIAN EDUCATIONAL SOCIETY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner seeks direction to the respondent to hand over the physical possession of the left over area that is 764. 17 sq. meters at Block-D, pushpanjali, Pitampura.

(2.) THE petitioner contended that it is a registered educational society and it had applied for allotment of land measuring 5740 sq. meters for running a middle school.

(3.) ACCORDING to the petitioner the request was accepted by letter dated 24th July, 2002 whereby it was confirmed by the respondent to enter into the perpetual lease for land measuring 5740 sq. meters (2870 sq. meter for a school building and 2870 sq. meter for play field) on payment of Rs. 88, 04,073/- which comprised of Rs. 85, 80,924/- as ground rent and Rs. 2,14,523/- as license fee and Rs. 45/- as document charges. The said amount is alleged to have been deposited within the time granted by letter dated 24th July, 2002. The plea of the petitioner is that on 9th september, 2002 possession of the total land of 4975. 83 sq. meters was handed over in place of 5740 sq. meters. It is also asserted that respondent confirmed handing over of the possession of 4975. 83 sq. meters and granted no objection certificate for building up the school. The petitioner has contended that he protested for giving of a lesser area than was agreed and that he was assured that within two months the remaining area shall also be handed over to the petitioner who had already made the payment. The petitioner contended that he has been regularly paying the monthly charges, however, the balance land has not been delivered to the petitioner despite repeated request and various representations made to the respondent. A legal notice dated 31st January, 2009 is also alleged to have been given, despite which the possession of land measuring 764. 17 sq. meters at Block D, Pushpanjali,pitampura has not been handed over. In these circumstances, it is stated on behalf of petitioner that the respondent has breached the legal right of the petitioner and the conduct of the respondent is unreasonable and arbitrary and is causing hardship to the petitioner.