FLOURISH HOSPITALS PVT. LTD. vs DELHI DEVELOPMENT AUTHORITY

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 11.02.2025 Judgment delivered on: 28.02.2025 + W.P.(C) 15333/2022 & CM APPLs. 75674/2024, 47612/2022, 56403/2023, 44502/2024 & 72408/2024 FLOURISH HOSPITALS PVT. LTD. .....Petitioner versus DELHI DEVELOPMENT AUTHORITY .....Respondent Memo of Appearance For the Petitioner: Mr. Chinmoy Pradip Sharma, Sr. Advocate with Mr. Kush Sharma, Mr. Nishchaya Nigam, Mr. Vijay Deora, Mr. Irfan Hasied, Mr. Krishnajyoti Deka and Ms. Vagmi, Advocates. For the Respondent: Ms. Manika Tripathy, Standing Counsel with Mr. Prabhav Ralli, Mr. Asif Iqbal and Mr. Devvrat, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ JAIN JUDGMENT MANOJ JAIN, J 1. Petitioner seeks direction to respondent to handover „correct and actual physical possession‟ of plot situated at FC-50, Shalimar Bagh. It also seeks execution of lease deed in its favour and to defer the collection of ground rent till further 5 years from the date on which the „correct and actual and physical possession‟ is handed over to them and to also adjust the ground- rent, paid already. 2. The averments made by petitioner can be summed up as under: - i) Petitioner participated in an auction conducted by Delhi Development Authority (DDA). ii) Such auction took place on 18.03.2009 and petitioner got Signature Not Verified Digitally Signed W.P.(C) 15333/2022 1 By:SONIA THAPLIYAL Signing Date:28.02.2025 16:01:16 the abovesaid plot FC-50, Shalimar Bagh, being successful bidder. iii) The plot was for construction of a hospital. iv) As per demand-cum-allotment letter dated 29.04.2009 bearing no. F-11(02)09/IL/946, DDA allotted said plot, on leasehold basis. v) Admittedly, the plot was admeasuring 9970 sq. meters. vi) The entire payment of Rs. 38,73,25,050/- was made by the petitioner with