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june 2016

Supreme Court of India · 2016-06-29

DDA vs M/S KENNETH BUILDERS DEVELOPERS LTD.

Citation / case number
SC 2010/39240
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 held 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 inability to proceed with construction as per the Delhi Pollution Control Committee's directives. The Court affirmed that the DDA is the final authority on land use, despite the involvement of the Government of the National Capital Territory of Delhi. Consequently, the DDA's appeal was dismissed, and the High Court's order regarding the refund to the developer was upheld.

DDA vs M/S KENNETH BUILDERS DEVELOPERS LTD. · Niyam