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Roshanara Club Limited & Anr vs Delhi Development Authority & Anr on 21 April, 2023

7. Appeal has been strongly contested and each ground has been strongly refuted by Sh. Anupam Sharma, counsel for respondent DDA. It is submitted that the procedure as prescribed under the PPA no.07/2023 Roshnara Club Ltd. vs. DDA Page 5 of 19 pages Statute was duly followed. A show cause notice under Section 4(2) of the Act was served. Opportunity of hearing was afforded. Representatives of the appellant club made submissions which were recorded in the proceeding sheets on each date of hearing. Only prayer made by the appellant in its short reply dated 20.02.2023 was to keep the proceedings in abeyance till final decision is taken in its representations for extension/renewal/formation of policy in respect of land allotted to the club. However, the Estate Officer could not have kept the proceedings in abeyance as the provision of PP Act do not permit the same. It is argued that the representatives of the appellant had mislead the Estate Officer by stating that their representation for extension was pending whereas the same already stood declined vide communication dated 07.05.2018. Therefore, finding no reason to seek an explanation from the concerned branch of DDA, Estate Officer concluded the proceedings on 12.04.2023 keeping the letter and spirit of the statute in mind.
Delhi High Court - Orders Cites 7 - Cited by 1 - Full Document

The State Of West Bengal vs Gitashree Dutta (Dey) on 20 April, 2022

Reliance by Sh. Sindhwani on law laid down by Hon'ble Supreme Court of India in State of West Bengal & Ors vs. Gitashree Dutta (Dey) case (supra) and by Hon'ble Patna High Court in the case of The Bihar Offset Printers Association & Ors. vs. The Union of India & Ors, (supra) does not help the appellant as the Estate Officer could not have stopped the proceedings on his own or kept the proceedings in abeyance, merely because yet another representation of the appellant for extension of lease was pending before the competent authority.
Supreme Court of India Cites 19 - Cited by 4 - S A Nazeer - Full Document

Bihar Offset Printers Association vs Union Of India on 2 May, 2022

Reliance by Sh. Sindhwani on law laid down by Hon'ble Supreme Court of India in State of West Bengal & Ors vs. Gitashree Dutta (Dey) case (supra) and by Hon'ble Patna High Court in the case of The Bihar Offset Printers Association & Ors. vs. The Union of India & Ors, (supra) does not help the appellant as the Estate Officer could not have stopped the proceedings on his own or kept the proceedings in abeyance, merely because yet another representation of the appellant for extension of lease was pending before the competent authority.
Supreme Court - Daily Orders Cites 0 - Cited by 0 - Full Document

New India Assurance Company Ltd vs Nusli Neville Wadia And Another on 13 December, 2007

19. Sh. Sindhwani has next argued that Estate Officer did not follow the procedure prescribed and did not afford opportunity to the parties to lead evidence. Reference has been made to the case of New India Assurance (supra) and it is argued that recording of evidence was a pre­requisite before passing the impugned order. Sh. Sharma refuting the aforesaid argument has argued first that there was no such opportunity sought.
Supreme Court of India Cites 43 - Cited by 374 - S B Sinha - Full Document

Suhas H Pophale vs Oriental Ins.Co.Ltd.& Anr on 11 February, 2014

10. To counter the argument of appellant that PP Act was not applicable to occupants who were in possession of premises prior to 16.09.1958; it is argued by Sh. Sharma that the law laid down by Hon'ble Supreme Court in Suhas S. Pophle (supra) subsequently followed in Band Box Pvt. Ltd. (supra) is not applicable to the facts in the present case. Cited cases laid down law with respect to public premises belonging to government companies or corporations and not with respect to land which vested in the government.
Supreme Court of India Cites 57 - Cited by 302 - Full Document
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