AJAI CHOWDHRY vs DELHI DEVELOPMENT AUTHORITY

Judgment text excerpt

$~J- * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 24.03.2026 Judgment Delivered on: 21.04.2026 + W.P.(C) 7998/2023, CM APPL. Nos. 30768/2023, 34555/2023 and 61475/2023 AJAI CHOWDHRY .....Petitioner Through: Mr. Chander Uday Singh, Sr. Advocate with Mr. Vivek Singh, Ms. Kirti Mewar and Mr. Ajay Lulla, Advocates. versus DELHI DEVELOPMENT AUTHORITY .....Respondent Through: Ms. Kritika Gupta and Ms. Vidushi Singhania, Advocates. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J 1. The case set out by the petitioner in the instant petition is that vide a Perpetual Lease Deed dated 06.04.1978, the President of India leased rights of Plot No. 10, ad measuring 598 square yards, situated at Ishwar Nagar, New Delhi (hereinafter referred to as ‘the subject property’), in favour of Ishwar Nagar Co-operative Group Housing Society Ltd. 2. Subsequently, vide a registered Perpetual Sub-Lease Deed dated 16.08.1979, the President of India, in conjunction with Ishwar Nagar Co- operative Group Housing Society Ltd., perpetually sub-leased the subject property in favour of Mr. Vidur Bhaskar and Mrs. Chiterlekha Bhaskar. Thereafter, Mr. Vidur Bhaskar and Mrs. Chiterlekha Bhaskar, vide an Signature Not Verified Digitally Signed By:DEEPAK SINGH W.P.(C) 7998/2023 Page 1 of 29 Signing Date:22.04.2026 19:23:45 Agreement to Sell dated 09.10.1991, agreed to sell the said property to Mr. Joy Paul Vadakkel for a total sale consideration of Rs. 70,00,000/-. 3. In furtherance of the aforesaid agreement to sell, Mr. Vidur Bhaskar applied to the Income Tax Department (hereinafter ‘the department’) for permission to complete the aforesaid transaction by filing the requisite form. However, the department, exercising its powers under Section 269UD(1) of the Income Tax Ac