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2016 Supreme(Del) 533

PRADEEP NANDRAJOG, MUKTA GUPTA
DELHI DEVELOPMENT AUTHORITY – Appellant
Versus
HUMAN CARE MEDICAL CHARITABLE TRUST – Respondent


Advocate Appeared:
Mr.Sanjay Poddar, Ms.Shobhana Takiar, Mr.Govind Kumar and Ms.Pavi Poddar, Advocates
Mr.Rajiv Nayar, Mr.Rajesh Yadav and Mr.Neeraj Yadav, Advocates

JUDGMENT :

PRADEEP NANDRAJOG, J.

1. The brief factual matrix required to be noted for adjudication of present appeal is that Human Care Medical Charitable Trust (hereinafter referred to as the ‘Society’) is a Society registered under the Societies Registration Act, 1860.

2. On June 11, 1996, a perpetual lease-deed was executed by the DDA in favour of society. By and under the said perpetual lease-deed, a plot of land ad-measuring 0.955 Hectares at Sector-6, Dwarka was demised in favour of the society with effect from April 23, 1996. Terms of the lease-deed required the society to construct a hospital on the land after obtaining sanction from the municipal authorities within a period of two years from April 23, 1996.

3. Being relevant, it would be apposite to note following clauses in the lease-deed dated June 11, 1996:-

“II. The Lessee for himself, successor and assignees covenants with the Lessor in the manner following that is to say;

(4) The Lessee, shall within a period of two years from 23rd day of April one thousand nine hundred and Ninety Six (and the time so specified










































































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