W.P.(C)/9763/2024 of M/S SATYAM CONSTRUCTIONS & ANR. Vs DELHI DEVELOPMENT AUTHORITY & ORS.

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9763/2024

M/S SATYAM CONSTRUCTIONS & ANR......Petitioners

Through: Mr. Satendra Tripathi, Mr. Aayush Kesharwani, Mr. Irish Mishra and Mr. Anurag Sharma, Advs.

versus

DELHI DEVELOPMENT AUTHORITY & ORS.

.....Respondents

Through: Mr. Sanjay Katyal, Standing Counsel for R-1/DDA

CORAM:HON'BLE MR. JUSTICE DHARMESH SHARMA

O R R19.07.2024

1.The petitioners are seeking issuance of appropriate writ in terms of Articles 226 and 227 of the Constitution of India against the respondent No.1/Delhi Development Authority [„DDA‟] for setting aside/quashing of order dated 17.08.20231, passed by the Deputy Director/LPC, DDA.

2.Learned counsel for the respondent No.1/DDA is present on advance notice.

3.It is borne out from the record that the petitioner was allotted the site in question viz. Sports Field at C-Block, Vikas Puri, Site UID No. DWK-102 Zone-Dwarka on license fee basis, pursuant to e-auction held on 04.02.2021 @ 71,667/- per month, for period of six months w.e.f. 01.03.2021 to 31.08.2021 and acceptance letter was also issued in its favour dated 23.03.2021.

4.Learned counsel for the petitioner has pointed out that despite taking up the matter several times with the DDA to hand over the possession of the site, the said request fell on to their deaf ears and the petitioner was shocked to receive letter dated 17.08.2021, whereby the petitioner was intimated that the Competent Authority has approved the cancellation of the license for the belated filing of requisite documents as well as on his own request.

5.It is submitted that no request was made by them for withdrawing the bid. It is pointed out that the earnest money of Rs. 2,10,000/- was deposited on 30.01.2021 and thereafter, in terms of letter dated 09.04.2021 by the DDA, the documents were submitted alongwith requisite stamp papers, besides one month advance license fee on the same day.

6.After hearing learned counsel for the parties, the present writ petition is disposed of with the direction that the present writ petition be treated as representation by the petitioner and after affording an opportunity of hearing, decision be arrived at by speaking order not later than six weeks from today. In the meanwhile, the status quo as on date shall be maintained with regard to the site in question.

7.The present writ petition is disposed of accordingly.

DHARMESH SHARMA, J.

JULY 19, 2024