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1999 Supreme(Del) 411

M.K.SHARMA
HOLY HEALTH AND EDUCATIONAL SOCIETY (REGD. ) – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
U.L.VATVANI, V.K.Sharma

Dr. M. K. Sharma, J:

( 1 ) THE present suit was instituted by the plaintiff seeking for a decree of permanent injunction, restraining the defendant-Delhi Development Authority fromgiving effect to the letter dated 17. 8. 1995 issued by it cancelling the allotment andlease of land of the plaintiff society at Sector -C, Pocket-3 Vasant Kunj, Newdelhi, and also for a decree not to dispossess the plaintiff -society from the land in question.

( 2 ) A copy of the letter dated 17. 8. 1995 is annexed as Annexure-L to the plaint. Bylhc said letter, the plaintiff-society was informed that the reply of the plaintiff-societyshowing cause as to why the lease/allotment of the land allotted to the plaintiff-societyshould not be cancelled due to violation of Clause 11 (13) of the lease deed byrenting out the building to a third parly for commercial use was examined and thesame was not found satisfactory and accordingly the decision of the defendantauthority was intimated to the plaintiff cancelling the lease/allotment of theaforesaid land allolled to the plaintiff-society.

( 3 ) IT may be mentioned herein that as against the show cause notice dated 3. 2. 3995issued by the defendant-authority to the






















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