Raja Towers (P) Ltd. And Anr. vs D.D.A And Anr.
2002 Latest Caselaw 1147 Del

JUDGMENT

Sanjay Kishan Kaul, J.

1. Petitioners were the successful bidders for plot No.40-41, Nehru Place, New Delhi in an auction held on 20.8.1983. After the acceptance of the bid the petitioners were entitled to sell or transfer the floor space constructed on the plot. The plot was constructed upon and floor spaces were sold. The petitioners received a notice dated 16.9.1983 stating that on inspection it was revealed that basement floor of the building constructed on the plot was being used for purposes of office for export and fabrication of garments in contravention of the terms and conditions of the auction and therefore, the allotment of the plot has been cancelled vide order dated 4.9.1983 of the Lieutenant Governor. Petitioner has filed the writ petition challenging the said order of determination of lease and has further sought a direction that the notices should be issued to the space buyers.

It is stated in the writ petition that the petitioner did not receive any notice dated 31.5.1983 as alleged in notice dated 16.9.1983 and that there was no occasion to reply to the same. It is further stated that list of the space buyers has been given to respondent and in view thereof it is open for the respondent to proceed against the said buyers. I find force in the contention raised on behalf of the petitioner in the writ petition. The plot was given to the petitioner on the understanding that same would be constructed upon and the building would be sold. The petitioner did construct and sell the floor spaces and different persons came into occupation of the same. In such a situation if any space buyer is contravening the terms of the allotment, it is open for the respondent-Authority to proceed against such space buyers and not against the petitioner in respect of the whole property.

2. A writ of mandamus is issued quashing the impugned notice terminating the lease in favor of the petitioner leaving it open to the respondents to proceed against relevant space buyers in occupation of the basement in accordance with law after giving due notice to the space buyers.

3. Writ petition is allowed in the aforesaid terms leaving the parties to bear their own costs.