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1997 Supreme(Del) 888

B.K.RAMAMOORTHY, DEVENDER GUPTA
AGGARWAL ASSOCIATES (PROMOTERS) LIMITED – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
AMITA GUPTA, ANUSUYA SALWAN, N.S.VASHISHT

K. Ramamoorthy

( 1 ) THE petitioner took part in the auction held by the DDA on 31. 3. 1994 and it was the successful bidder for the entire C. S. C. Nand Nagri Block- B, Delhi plot measuring about 1268. 32 sq. mts. for Rs. 30 lakhs. As per the conditions of auction, he deposited Rs. 7. 50 lakhs, being the 25% of the bid money. After having deposited the 25% of the money, the petitioner did not pay the balance. On 4. 4. 1994 the petitioner wrote to the DDA for the removal of the tubewell in the middle of the plot and re-road the drains running to the center of the plot. "the DDA by letter dated 7. 4. 1994 called upon the petitioner to pay 75% of the bid amount being Rs. 22,50,050. 00 (Rs. 50. 00 was towards documentation charges ). On 13. 4. 1994 the petitioner wrote to the DDA in the following terms :

"we refer to your Bid Acceptance/ Demand Notice dated 7. 4. 94 regarding the plot auctioned by DDA at CSC, Pocket-B, Nand Nagri (G. T. B. Enclave ). According to the directions given by Delhi Development Authority, we visited the site and tried to erect our board at site. However, the MCD Horticulture Department objected, damaged and removed the board from the site. The M. C. D. says th






















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