Sh. Satinder Nath Kaul vs Deputy Director (Commercial) Dda ...
2002 Latest Caselaw 1144 Del

JUDGMENT

Sanjay Kishan Kaul, J.

1. Petitioner a joint owner of 2400 sq. feet basement floor in property No.40-41, Nehru Place, Kalkaji, New Delhi purchased from the developers, respondent no.4 and is aggrieved by the order of re-entry in respect of the property in question. It may be noted that in CW 2324/83 the builders had challenged order of the re-entry and by judgment dated 25.7.2002 it has been held that the re-entry is not valid but that it is open to the respondent-Authority to proceed in accordance with law after giving due notice to the purchasers of the space. The grievance of the petitioner is that no notice was issued to the petitioner and that the breaches are remedial.

2. In view of the aforesaid position and in view of the direction in CW 2324/83, it is directed that the respondent-Authority will first issue notice to the space buyers giving them an opportunity to explain the position and to remedy the breaches, if any, and thereafter proceed in accordance with law. No further orders are calls for on this petition in view of the impugned notice already having been quashed in CW 2324/83. Writ petition is allowed in the aforesaid terms leaving the parties to bear their own costs.