Supreme Court of India · 2016-06-29
Dda vs M/S Kenneth Builders Developers Ltd. ...
- Citation / case number
- AIR 2016 SUPREME COURT 3026
- Court
- Supreme Court of India
- Petitioner
- Dda
- Respondent
- M/S Kenneth Builders Developers Ltd. ...
- Author
- Madan B. Lokur
- Bench
- N.V. Ramana, Madan B. Lokur
Judgment text excerpt
The Supreme Court ruled that the development agreement between the Delhi Development Authority (DDA) and Kenneth Builders was frustrated under Section 56 of the Indian Contract Act, 1872 due to unforeseen circumstances, specifically the requirement for construction activity to be permitted by the Delhi Pollution Control Committee (DPCC). The Court upheld the High Court's decision that the DDA is the final authority on land use, despite the DDA's contention regarding the refund of the amount deposited by the developer. The outcome affirmed the High Court's ruling while clarifying the implications of the development agreement.