justification and without
any authority conferred upon defendant under the DD
Act . Similarly, the demand of Rs.11,051/- as penalty is
not justified ... suit is bad for want of notice U/s 53B
of DD Act? OPD.
3.Whether the plaintiff is entitled for the relief of
mandatory
defendants in view
of the provisions of section 3(2) of DD Act, 1957 and that the could
not be filed against ... maintainable in view of the provisions of Section
51 of DD Act, 1957 and the defendants are not liable personally.
They can not be sued
maintainable for want of notice u/s 53 B of DD
Act. Secondly that suit of the plaintiff as
per own admission as filed ... suit isbad for want of
notice u/s 53-B DD Act? OPD
(3) Whether the suit is barred by
limitation?OPD
(4) Whether
provision in the lease or the Delhi Development Act 1957 (' DD Act ') for recovering misuse charges and so the demand is without ... misuse. An analogy was drawn with Section 29(2) of the DD Act which provides for levy of fine for an offence there under which
India under Section 22 of the Delhi Development Act, 1957 (' DD Act ') and for a direction restraining Respondents from denying access ... have, in exercise of the powers under Section 22 of the DD Act, placed the management and control of the land in question with
Act and
Section 57-B of DD Act calling upon the defendant to pay Rs.
4,87,365/- + Rs. 1100/- as cost of the notice ... Section 478 of DMC Act as well as
Section53-B of DD Act as no requisite noticehas beenservedon the
defendant no. 1 and defendant
defendant that no
notice as contemplated U/s 53 B of DD Act was given by the
plaintiffs before filing of the suit, therefore, present ... would have been defeated.
10. U/s 53 B(1) of DD Act , suit against DDA can not be
instituted unless a notice stating
because of applicability of
sub Section 2 of Section 53-B DD Act but for the purposes of
ascertaining the period for computing the cause ... suits defined in sub Section (1) of Section 53-B of DD
Act and sub Section (1) of Section 53-B of the Act
suit is bad for want of notice U/s 53B of DD Act?
OPD1
3. Whether the plaintiff is entitled for the relief of mandatory ... urgent
nature and U/s 53 B(3) of DD Act itself requirement of giving notice
in the case of injunction matters of urgent nature
plaintiff is barred by the
provisions of section 53-B of DD Act. It is further stated that plaintiff has
not come before the court ... land was placed with the DDA U/S
22(i) of DD Act for development purpose on 15/10/1986 vide
notification
