2019 (11) TMI 1877

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....arath Nambiar, Adv. Mr. Karthik Anand, Adv. Mr. B.V. Balramdas, Adv. Mrs. Anil Katiyar, AO ORDER The Escorts Heart Institute and Research Centre, the appellant before us was allotted land measuring about 6.9 acres in various phases starting from initial allotment dated 8.4.1982 to the last allotment dated 14.06.1996 for setting up of a general public hospital. The lease deeds which have been executed are stated to be only for 4.757 acres. Three lease deeds have been executed for a total area for 4.757 acres while the entitlement for the remaining land continues to be governed by the allotment letters dated 3.5.1990, 21.3.1999, 15.5.1995, 31.7.1995 and 14.06.1996 for 2.435 acres. A show cause notice was issued by the perpetual lesso....

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.... of the terms and conditions of the lease especially when no prior consent was obtained. The decision was communicated to determine the lease deeds of the appellant and to yield peaceful possession to the DDA. The appellant then filed a civil suit with respect to suit lands for which no lease deed had been executed before the Delhi High Court being CS(OS) No.1440/2005 challenging this order dated 06.10.2005. The suit as framed is seeking a declaration that the order dated 06.10.2005 is illegal and non est as also a decree of permanent injunction restraining DDA as defendant in suit from dispossessing the appellant as plaintiff from the suit property consisting of the lease deeds and the letters of allotment where the Escorts Heart Instit....

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.....04.2006, permitting the proceedings to go on under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The appellant thereafter preferred Letters Patent Appeal NO.612/2006 which was also dismissed on 03.09.2007, which order has been assailed before us. The aforesaid impugned order records that the only contention raised before them was the view of this Court in Express News Papers Pvt. Ltd. & Ors. v. UOI & Ors.- (1986) 1 SCC 133. The DDA sought to rely on the Constitution Bench judgment of this Court in Ashoka Marketing Ltd. & Anr. v. Punjab National Bank & Ors. - (1990) 4 SCC 406. In terms of order dated 29.10.2007 of this Court, proceedings before the Estate Officer were permitted to continue but passing of the f....

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....d to the appellant pending the suit. We are also informed on the basis of an affidavit filed by Union of India (subsequently impleaded as a party before us), that apparently the DDA passed a resolution on 3.6.2009 on representation of the appellant to regularize the breach, if any, that the Union of India sought to take a contrary stand as communicated vide letter dated 10.02.2010 disputing the authority of DDA to take such a decision and ordering a hold on the implementation of the resolution. The surprising part is that despite the lapse of almost a decade there has been no finality to this aspect i.e. whether such amalgamation should not be treated as a breach as canvassed by the appellants. We would expect the Union of India and the ....