(1.) By order dated 2nd April, 2008, the following two questions of law were referred to a larger Bench:-
(2.) The said reference was made in view of observations made by a Division Bench of this Court in DDA v. Sudhir Brothers, 1905 (2) ALR 306 (DB), which were relied upon by a learned single Judge of this Court in his decision dated 2nd August, 2007, (Reported in 2007 (144) DLT 686) in Writ Petition (Civil) No. 5073/2003, Harinder Anand versus DDA and Others and Writ Petition (Civil) No. 1 1878/2006, Bharat. Construction Company Private Limited v. DDA and others. Another single Judge of this Court in Writ Petition (Civil) No. 3738/2002, V.K. Mittal v. Assistant Collector; Grade-1, DDA and others, 2003 (104) DLT, (Delhi) 349 : 2003 AIHC 3512) had taken a contradictory view. , .
(3.) Delhi Development Authority (DDA) had entered into construction-agreements with third party building contractors. DDA claims and wants to recover amounts under Clause 2 of the agreements as arrears of land revenue under Section 68 of the Punjab Land Revenue Act, 1887. DDA claims that they are entitled to do so by invoking provisions of Section 40A of the Delhi Development Act, 1957 (hereinafter referred to as the DD Act, for short) even if DDA has not filed any civil suit and does not have any decree,
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