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1998 Supreme(Del) 778

B.K.RAMAMOORTHY, DEVENDER GUPTA
RAJENDRA KUMAR MOHATTA – Appellant
Versus
NEW DELHI MUNICIPAL COMMITTEE – Respondent


K. Ramamoorthy

( 1 ) THE petitioner has challenged in this writ petition the order of the NDMC dated 16. 6. 1993, in which the petitioner was asked to stop further construction of the complex which was earlier permitted by the NDMC. The petitioner also seeks to quash the communication dated 18. 6. 1993 which is also to the same effect. In the context of the view taken by the NDMC, which is quite contrary to its earlier stand of sanctioning the plans, it has become necessary to set out the facts in some detail.

( 2 ) IN July, 1984, the petitioner applied to the Land and Development Office for conversion so that the property could be developed in a multi-storeyed group housing complex. The petitioner also applied for the grant of exemption under Sections 20 and 22 of the Urban Land (Ceiling and Regulations) Act, 1976. On the 1st of June, 1989, Government of India, Ministry of Urban Development, issued the following communication:

"with reference to your letter No. Nil dated the 26th July, 1984 on the above subject seeking permission for the construction of multi-storeyed group housing on the demised premises in terms of Clause 2 (5) and 2 (6) of the lease deed, I am to inform you that



































































































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