A society challenged L&DO orders cancelling its 1977 Agreement to Lease over a Delhi plot allotted for institutional purposes. The court found decades-long failure to construct the required building, unauthorized construction, and misuse by a political party, and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CENTER OF APPLIED POLITICS .....Petitioner
Through: Mr. Navneet Thakran, Mr. Ashim Dua, Advocates
versus
UNION OF INDIA AND ORS .....Respondents Through: Mr. Jaswinder Singh, Mr. Sahib Singh, Advocates for R-1 & 2 Mr. Tushar Sannu, SC for MCD with Mr. Manoviraj Singh, Advocate
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R % 06.12.2024
1 “L&DO”
W.P.(C) 16309/2024 Page 1 of 7
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2024 at 13:42:05
2.1. By an allotment letter dated 21st April, 1971, the Petitioner was granted a plot of land admeasuring 2000 square yards at Narendra Niketan, I.P. Estate, New Delhi.2 The allotment was specifically for institutional purposes with a condition for construction of an office building and five single-seated rooms for visiting scholars from India and abroad.
2.2. The Agreement to Lease was executed on 2nd July, 1977 which set out the terms of allotment. This was followed by handing over of possession on 25th August, 1977. The pertinent provisions of allotment under the Allotment Letter as well as Agreement to Lease read as follows:
“(i) Provisions of Allotment
Clause (ii) The Centre of Applied Politics shall be required to construct the building in conformity with the architectural surroundings of the area, within 2 years from the date of possession of the site in question is handed over to it.
Clause (iv) The land shall be used by the Centre of Applied Politics only for the construction of its building as mentioned above for its bonafide use and for no other purpose.
(iii) Agreement to Lease
Clause II: Within the said period of 24 calendar months from the date the possession of the site in question is handed over the said intended Lessee shall and will at his own expense erect upon the said land cover in and complete in a substantial and workman like manner with new and sound material to the satisfaction of the President or such officer as may be appointed by him in this behalf (hereinafter referred to as the said officer) an office building and five single seated rooms for visiting scholars from India & abroad in conformity with the architectural surroundings of the area with all requisite and proper walls, sewers, drains and other conveniences thereto of such description and design respectively as shall have been approved of in writing by the said officer. And such building shall be constructed in all respects in accordance with such design, plans and specifications and in such situation and position and arranged in such manner as shall have been previously proposed and submitted by the said intended lessee and approved of in writing by the said officer. And all the materials used in the said building must be good and sound and must have been approved by the said officer and the timber shall be of good teak only or such other good timber as shall be
2 “the land in question”
W.P.(C) 16309/2024 Page 2 of 7
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2024 at 13:42:05
sanctioned by the said officer and all the materials shall be deemed to be the property of the President after they have once been brought on the said land. And all drains and sewers for the said premises shall be constructed, made and laid and connected to the satisfaction of the said officer and the Municipal Authority and in such position as shall be directed by the said officer or as may be required by the Municipal Authority.
Clause III: The plans, sections, elevations and specifications for the construction of the buildings to be erected upon the said premises (and, if of steel or reinforced concrete, calculations) shall be prepared by a Licensed Architect or Architects and shall indicate in figure the length, breadths and thicknesses of walls, floors and scantlings to timber and state the description of the materials to be used and such plans, sections, elevations and specifications shall be submitted to the Municipal authority & thereafter to the said officer in quadruplicate and got approved within six months from the date of handing over the possession of site before the work of construction is commenced. The said intended Lessee shall not make any alternations in or additions to the building so approved as aforesaid either external or internal so as to affect any of the architectural or structural features thereof appearing in the approved plans unless such alternations and additions shall have been previously in like manner approved.
Clause IX: The said intended Lessee shall for the period prior to obtaining a Lease from the President under Clause XVII herein pay to the President from the day of 21st April 1971 a licence fee for the said piece of land at the rate of Rs. 1033.15 per annum by equal half yearly payments on the 15th day of January and 15th day of July in each year at the Reserve Bank of India, New Delhi or at such other place as may be notified by the said officer, for this purpose from time to time.”
2.3. To determine whether the property was being utilized for the purpose for which it was allotted, the L&DO conducted periodic inspections of the premises and issued breach notices. The inspection carried out on 18th August, 2015 revealed unauthorized construction on the premises, which was notified to the Petitioner through a breach notice dated 26th August, 2015. To verify compliance with the terms of allotment, another inspection was conducted by the L&DO on 13th October, 2016, which disclosed operation of the office of Young India Magazine from the premises.
W.P.(C) 16309/2024 Page 3 of 7
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2024 at 13:42:05
Additionally, L&DO received multiple complaints from third-parties alleging misuse of the allotted plots, including claims that a political party, namely the Samajwadi Janta Party (C), was being operated from the land.
2.4. The L&DO, on multiple occasions, issued show cause notices to the Petitioner, highlighting the failure to comply with the terms and conditions stipulated in the Agreement to Lease. These notices called upon the Petitioner to provide a satisfactory explanation as to why the allotment should not be revoked. However, the responses submitted by the Petitioner were deemed inadequate and failed to address the breaches effectively. Consequently, in adherence to the terms of the allotment and after due consideration, the Respondents proceeded to cancel the allotment of the land through the impugned orders.
3 “MCD”
W.P.(C) 16309/2024 Page 4 of 7
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2024 at 13:42:05
any wilful non-compliance.
4 Memorandum of Association of the Centre of Applied Politics, Clause II (i).
W.P.(C) 16309/2024 Page 5 of 7
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2024 at 13:42:05
Despite being in possession of the land for nearly five decades, the Petitioner has not fulfilled this fundamental purpose. Such a prolonged lapse of time exhibits Petitioner’s gross failure to meet its contractual obligations and erodes any claim to equity in their favour.
W.P.(C) 16309/2024 Page 6 of 7
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2024 at 13:42:05
exhibit blatant disregard of its obligations under the allotment. Such misuse of public land is a grave matter, particularly in a city where land resources are exceedingly scarce and are meant to be allocated for bonafide public purposes.
SANJEEV NARULA, J
DECEMBER 6, 2024/ab
W.P.(C) 16309/2024 Page 7 of 7
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2024 at 13:42:05
1 issue framed by the court
Whether the writ petition challenging cancellation of the Agreement to Lease for breach of allotment conditions should be allowed.
1 provisions across 1 enactments
Center of Applied Politics
Union of India and Ors
Sanjeev Narula
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
