Delhi High Court
Smt. Archana Saini vs Delhi Development Authority on 11 July, 2018
#85
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 11.07.2018
W.P.(C) 7110/2018
SMT. ARCHANA SAINI ..... Petitioner
versus
DELHI DEVELOPMENT AUTHORITY ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Ajay Talesara and Mr. S.V. Vats, Advocates
For the Respondent : Mr. Arjun Pant, Advocate
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
JUDGMENT
SIDDHARTH MRIDUL, J (ORAL)
CM APPL.27045/2018 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(C) 7110/2018 & CM APPL.27044/2018 (Stay)
1. The present petition under Articles 226 & 227 of the Constitution of
India instituted on behalf of the petitioner prays as follows:-
"Under the facts and circumstances stated herein above, it is,
therefore, most respectfully prayed that this Hon'ble Court
may graciously be pleased to:-
a) Issue a writ, order or direction in the nature of mandamus
or any other appropriate writ for execution of
Supplementary Lease Deed in respect of Plot No.870,
Block No.C, Pocket 2, Sector 28, measuring 32 sq. metrs.
In Rohini Residential Scheme, 1981, under LIG category,
Delhi in favour of the petitioner.
b) Any other appropriate writ, order or directions as may be
deem fit and proper under the facts and circumstances of
the case may also be passed in favour of the petitioner and
against the respondent."
2. Notice.
3. Mr. Arjun Pant, learned Standing Counsel accepts notice on behalf of
the respondent/DDA.
4. With the consent of counsel for the parties the present writ petition has
been heard finally and disposed of with the following order.
5. Learned counsel appearing on behalf of the petitioner invites my
attention to a communication bearing No.F.37(1923) 03/LAB(Rohini)/20732
dated 26.12.2006, addressed by the DDA to the petitioner, whereby the latter
was directed to deposit a sum of Rs.6,432/- in the State Bank of
India/Central Bank, Vikas Sadan, INA, New Delhi within a period of 30
days from the date of issue of the said communication, for taking further
action for execution of a Supplementary Lease Deed in relation to the subject
property.
6. Learned counsel appearing on behalf of the petitioner further invites
attention of this Court to the application annexed as Annexure P-4, which is
a copy of the challan dated 19.01.2007, issued by the Central Bank, whereby
the said sum of Rs.6,432/- was deposited.
7. It is, therefore, urged on behalf of the petitioner that the DDA ought to
be directed to take further action, in accordance with law, for the execution
of the Suppmentary Lease Deed, in relation to the subject property.
8. Mr. Arjun Pant, learned counsel appearing on behalf of the DDA
states that in terms of the said communication dated 26.12.2006, annexed as
Annexure P-3 to the accompanying writ petition, and in view of the
circumstance that the amount directed to be deposited thereunder, has been
so deposited on behalf of the petitioner, the latter's representation to take
further action for execution of the Supplementary Lease Deed shall be taken,
within a period of eight weeks from today, in accordance with law, under
intimation to the petitioner.
9. Directed accordingly.
10. With the above directions, the writ petition is disposed of. The
pending application also stands disposed of.
SIDDHARTH MRIDUL
(JUDGE)
JULY 11, 2018
dn
