DDA moves SC over commercial land dispute
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Last Updated: Friday, February 18, 2011, 23:37
  
New Delhi: The Supreme Court on Friday admitted the petition of Delhi Development Authority challenging the order of the Punjab & Haryana High Court, which had declined to give its commercial land back to it from one SGG Towers.

A bench headed by Chief Justice S H Kapadia admitted the plea of the DDA and asked SGG Tower to show the documents claiming the city developer's land at industrial area in Najafgarh.

The bench asked SGG to submit the documents showing its claim that it has received lease rights of the land from one company Pure Drink, which has been now been liquidated.

It also stayed the order of the High Court which had said that the transfer of the land from Pure Drinks to SGG Towers was right and DDA can not claim fresh lease amount. However, it had held that DDA was still the owner of the land on which CTC Malls exits in that area.

"SGG is directed to file additional documents, including the Deed of Assessment from the original assignee to Pure Drinks as also the terms and conditions on which auction sale took place in favour of SGG as well as the proclamation of sale," the bench said giving them four weeks time.

According to DDA, the land was leased to one Mehta Construction in 1957 by the Delhi Improvement Trust, a body to regulate the civic affairs of the city prior to establishment of DDA.

However, Mehta Construction was liquidated and the lease was transfered to Pure Drink. This firm also was liquidated due to losses and, in a sale, the high court transferred it to SGG.

Later, SGG approached DDA for mutation of the land. DDA refused, and approached the High Court claiming the land back and asking for a fresh lease. DDA claimed that lease cannot be transfered further as it was a lease hold property not a free hold.

However, the High Court held that the land belonged to DDA but it can not cancel the lease and it was challenged in the apex court by the city developer today.

PTI


First Published: Friday, February 18, 2011, 23:37


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