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2012 Supreme(Del) 38

RAJIV SAHAI ENDLAW
HUMAN CARE MEDICAL CHARITABLE TRUST – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
Mr. Sandeep Sethi, Sr. Adv. with Mr. Anurag Jain, Adv.
Ms. Shobhana Takiar, Adv.

JUDGEMENT

RAJIV SAHAI ENDLAW, J.

1. The petition impugns the letter dated 02.06.2009 of the respondent DDA to the petitioner cancelling the allotment (earlier made in favour of the petitioner) of land ad-measuring 9950 sq. mtrs. at Sector-6, Pappan Kalan, Dwarka, Delhi, for the reason of violation by the petitioner of the terms and conditions of allotment.

2. Notice of the petition was issued and vide order dated 06.07.2009 which has continued to be in force, the operation of the letter / order dated 02.06.2009 stayed. Pleadings have been completed. On further application, being CM No.5738/2010 of the petitioner, vide order dated 25.05.2010 directions were issued to the respondent DDA to, without prejudice to its rights and contentions and subject to payment of composition charges, issue a No Objection Certificate (NOC) to construction over the plot and grant permission to the petitioner to mortgage the said plot/land subject to order of the Court being brought to the knowledge of the mortgagee bank. The counsels have been heard.

3. The land aforesaid was allotted by the President of India acting through the respondent DDA to the petitioner vide Perpetual Lease Deed dated 11.06


































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