LAWS(DLH)-2019-7-347

CENTER OF APPLIED POLITICS Vs. GOVERNMENT OF INDIA

Decided On July 30, 2019
Center Of Applied Politics Appellant
V/S
GOVERNMENT OF INDIA Respondents

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, impugning the orders dated 12.06.2017 and 23.06.2017 issued by the Deputy Land & Development Officer (respondent no. 2 hereafter 'L&DO'), wherein the perpetual deed of lease deed dated 02.07.1977 executed in favour of the petitioner in respect of a plot of land measuring 2000 Sq. Yds located at I.P Estate (hereafter 'the land in question'), was cancelled and the petitioner was directed to hand over possession of the same to the concerned authorities. The aforesaid orders are, hereafter, collectively referred to as the impugned orders.

(2.) The impugned orders were passed by L&DO on the ground that petitioner had failed and neglected to construct a building on the land in question and use the same for the purpose for which the said land was allotted. The L&DO also found that there was unauthorized construction on the land in question and there were complaints of attempts made to usurp the same by squatters/miscreants for carrying on the work of a political party. The impugned order dated 12.06.2017 also indicates that show cause notices were issued and a notice was also pasted on site but no response was received.

(3.) Mr V.P. Singh, learned senior counsel appearing for the petitioner has assailed the impugned order on two fronts. First, he states that the same have been passed without affording the petitioner an opportunity to be heard. He contends that the show cause notices, as referred to in the impugned order dated 12.06.2017, were not served on the petitioner and therefore, the petitioner had no opportunity to respond to the same.