Delhi High Court
M/S Bombay Dyeing Mfg. Industries vs Delhi Development Authority on 6 November, 2017
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 6th November, 2017
+ RSA 244/2013
M/S BOMBAY DYEING MFG. INDUSTRIES ..... Appellant
Through: Mr. Sanjay S. Chabbra, Advs.
versus
DELHI DEVELOPMENT AUTHORITY ..... Respondent
Through: Mr. Dhanesh Relan, Ms.
Akshita Mandha & Ms. Kajri
Gupta, Advs.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. This court in the proceedings recorded on 02.08.2017 noted the
back drop as under:-
"Respondent DDA had cancelled the allotment of the
subject plot in favour of the appellant herein. This became
subject matter of the civil suit No.761/06/1988 which was
decreed by the Court of Civil Judge by judgment dated
11.02.2008. The said judgment was challenged by DDA in
RCA No.30/2009 which was allowed by judgment dated
25.07.2013 resulting in the suit being dismissed. This
second appeal was instituted challenging the judgment of
the first appellate Court. The proceedings recorded on the
file of this second appeal, particularly the orders dated
28.01.2016 and 21.04.2016, as indeed affidavit of Mr. S.K.
Jain, Director (Industrial) sworn on 19.12.2014, indicate
that DDA was inclined to restore the allotment upon
payment of certain charges including misuse charges, sub-
letting charges and restoration charges.
The appellant submits through counsel that all such
charges as were demanded have since been paid. This was
confirmed by DDA in the Court on 21.04.2016.
Thereafter, the DDA was expected, as per the submission,
to issue formal communication restoring the allotment
which would bring an end to this litigation. There has
been no communication from DDA after the payment of
such charges. The matter cannot be allowed to remain
hanging fire indefinitely.
The Director (Industrial) of DDA shall remain present
in the Court on the next date to inform status of the matter.
Be listed on 8th September, 2017.
Interim orders to continue".
2. Pursuant to the above-mentioned directions, which were
reiterated by subsequent order dated 08.09.2017, the learned counsel
for the DDA has submitted copy of the letter no. F.6A(130) 68/LSB
(1)/DDA/4280 dated 3rd November, 2017 of Deputy Director Land
Sales Branch (Industrial) of Delhi Development Authority which is
taken on record. As per the communication addressed to the
appellant, the Lieutenant Governor of Delhi, being the competent
authority, vide his order dated 01.11.2017 has "restored the allotment
of the plot no. A-73, Wazirpur Industrial Area, Delhi subject to
payment of all the dues alongwith interest after vetting by finance
department, DDA."
3. The communication also adds that the 'upto date dues, if any,
would be intimated to the appellant after getting the same worked out
from the finance department'. The learned counsel for the appellants
submits that though the above communication satisfies the claim in the
civil suit which was instituted before the court of civil judge and
therefore, no further relief is sought, but for the record, it is clarified
by them that there are no dues left to be paid on this account, as all the
charges which were raised on account of misuse or subletting have
already been duly paid to DDA and acknowledgement to this effect
made by the latter.
4. In the above facts and circumstances, the relief claimed in the
civil suit having been satisfied, nothing survives in the appeal. It
accordingly stands disposed of.
R.K.GAUBA, J.
NOVEMBER 6, 2017
umang
