Delhi High Court · 2025

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9941/2005& CM APPL. 7268/2005, CM APPL. 18260/2014 CM APPL. 27432/2025 ARUNACHAL APARTMENT OWNERS ASS .....Petitioner Through: Mr. Abhishek Gautam and Mr. Shubham Soni, Advocates for P-1. Mr. Saurabh Prakash and Mr. Utsav Jain, Advocates for P-2 to 19. versus LAND & DEVELOPMENT DEPTT. & OR .....Respondent Through: Mr. Syed Abdul Haseeb, CGSC with Mr. Umar, Advocate for UOI/L& DO Mr. Tushar Sannu, SC for NDMC with Ms. Shaloni Das, Advocate. Ms. Pavitra Kaur and Ms. Shreya Mishra, Advocates for R-3. CORAM: HON’BLE MR. JUSTICE AMIT SHARMA O R D E R % 01.11.2025 1. This hearing has been done through hybrid mode. 2. The present petition under Articles 226 and 227 of the Constitution of India, 1950 seeks the following prayers:- “a) Issue a writ of certiorari quashing the orders dated 7.8.2000 and 29.5.2003 passed by Respondent no.l; b) Direct Respondent no.l to decide the matter of re-entry afresh after giving fresh notices according to law and by giving a reasoned order; This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 12:50:51 c) Issue a writ of mandamus directing Respondent no.l to execute sub-leases In favour of the owners of apartments in Arunachal Building, 19 Barakhamba Road, New Delhi; d) Direct Respondent no. 4 to execute a "Deed of Apartment" in favour of each of the individual apartment owners of Arunachal Building, 19 BarakhambaRoad, New Delhi; e) Direct Respondent no. 4 to give an account of the moneys received upon sale of apartments in the said building; f) pass any other order that this Hon’ble Court may deem fit and proper in the facts and circumstances of the case” 3. The present petition had been filed on behalf of the Arunachal Apartment Owners Association, petitioner No.1 as well as individual apartment owners, petitioner Nos. 2 to 19. It is the matter of record that the apartments owners had also filed individual writ petitions, W.P.(C)s 1053/2007 & 2960/2007, and vide order dated 23.05.2014, it was directed the said apartment owners were to be impleaded as co-petitioners in the present petition. The aforesaid order further records that the said apartments owners had withdrawn their respective writ petitions. 4. The present petition has been filed assailing the aforesaid order of re-entry dated 07.08.2000 which reads thus:- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 12:50:51 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 12:50:51 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 12:50:51

5. On 03.04.1995, show cause notice was issued to the original lessees by respondent No.1 which reads thus: - This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 12:50:51 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 12:50:51

6. Reply dated 02.05.1995 on behalf of the lessees was sent to the respondent No.1 wherein the following averments were made: - This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 12:50:51 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 12:50:51

7. Subsequently, the communication was sent to the original lessees on behalf of respondent No.1 on 30.12.1996, in which, it was stated that the respondent No.1 does not recognises the flat buyers and as such, no action can be taken against them by the said respondents and thereafter, the demand to remove the breaches was reiterated. 8. In pursuance thereof as pointed out hereinbefore, the impugned order of re-entry dated 07.08.2000 was passed by the respondent No.1. 9. Petitioner Nos. 2 to 19 are individual apartment owners in the multi-storeyed building in the name and style of Arunachal Apartments. The aforesaid multi-storeyed building was constructed on plot No. 19, Barakhamba Road which was given by way of perpetual lease dated 29.08.1931 to ex-lessees, and thereafter, permission was granted to them vide letter dated 17.05.1980 by respondent No.1 to construct multi-storeyed apartments. 10. Learned counsel for the petitioners has pointed out that the show cause notice issued was in violation of Section 8 of the Delhi Apartment Ownership Act, 1986 (for short “Act”). It is submitted that as per Section 8(3) of the said Act, a specific show cause notice ought to have been issued to each apartment owner for the alleged breaches as claimed by the respondent No.1. Attention of this Court has also been drawn towards Section 8 of the Delhi Apartment Ownership Act, 1986 which reads as under: - “8. Right of re-entry.— (1) Where any land is given on lease by a person (hereafter in this section referred to as the lessor) to another person (hereafter in this section referred to as the lessee, which term shall include a person in whose favour a sub-lease of such land has been granted), and any multi-storeyed This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 12:50:51 7 building has been constructed on such lease-hold land by the lessee or by any other person authorised by him or claiming through him, such lessee shall grant in respect of the land as many sub-leases as there are apartments in such multi-storeyed building and shall execute separate deeds of sub-lease in respect of such land in favour of each apartment owner,— (a) in the case of a multi-storeyed building constructed before the commencement of this Act, within three months from such commencement, or (b) in the case of a multi-storeyed building constructed after the commencement of this Act, within three months from the date on which the possession of any apartment in such multi-storeyed building is delivered to him: Provident that no sub-lease in respect of any land shall be granted except on the same terms and conditions on which the lease in respect of the land has been granted by the lessor and no additional terms and conditions shall be imposed by the lessee except with the previous approval of the lessor. (2) Where the lessee has any reason to suspect that there had been any breach of the terms and conditions of the sub-lease referred to in sub-section (1), he may himself inspect the land on which the multi-storeyed building containing the concerned apartment has been constructed, or may authorise one or more persons to inspect such land and make a report as to whether there had been any breach of the terms and conditions of any sub-lease in respect of such land and, if so, the nature and extent of such breach, and for this purpose, it shall be lawful for the lessee or any person authorised by him to enter into, and to be in, the land in relation to which such breach has been or is suspected to have been committed. (3) Where the lessee or any person authorised by him makes an inspection of the land referred to in sub-section (1), he shall record in writing his findings on such inspection [a true copy of which shall be furnished to the apartment owner by whom such breach of the terms and conditions of sub-lease in respect of the land appurtenant to the apartment owned by him has been committed (hereinafter referred to as the defaulting apartment owner)] and where such This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 12:50:51 findings indicate that there has been any breach of the terms and conditions of the sub-lease in respect of such land, the lessee may, by a notice in writing, require the defaulting apartment owner to refrain from committing any breach of the terms and conditions of the sub-lease in respect of such land, or to pay in lieu thereof such composition fees as may be specified in the notice in accordance with such scales of composition fees as may be prescribed.” (emphasis supplied) 11. Learned counsel for the petitioner further relies upon judgment dated 28.05.2010 of learned Division Bench of this Court in W.P.(C) 1959/2007 and on an order dated 13.07.2012 passed in said writ petition to submit that all issues relating to the multi-storeyed buildings will be governed by the said Act. 12. It is further submitted that even as per the preamble of the Act it can be seen that the provisions of said Act are applicable to the multi-storeyed building. Attention of this Court has further been drawn towards the preamble of the said Act which reads as under: - “An Act to provide for the ownership of an individual apartment in a multi-storeyed building and of an undivided interest in the common areas and facilities appurtenant to such apartment and to make such apartment and interest heritable and transferable and for matters connected therewith or incidental thereto. Whereas with a view to securing that the ownership and control of the material resources of the community are so distributed as to subserve the common good, it is expedient to provide for the ownership of an individual apartment in multi-storeyed building and of an undivided interest in the common areas and facilities appurtenant to such apartment and interest heritable and transferable and to provide for matters connected therewith or incidental thereto.” (emphasis supplied) 13. Learned counsel appearing on behalf of the respondents submits that This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 12:50:51 no show cause notice was issued to the apartment owners as respondent No.1 recognised the lessees as personally responsible for any of alleged breaches in the apartments, and therefore, no notice was required to be issued to the separate apartments owners. It was submitted that respondent No.1 would not have details of the individual apartment owners and therefore, the notice was issued to the lessee. 14. In the considered opinion of this Court, Section 8(3) of the aforesaid Act clearly lays down that the show cause notice will have to be issued to the individual apartment owner. The apartment owner must have to be put to notice for the alleged breaches of the terms and conditions of the lease and in the present case, admittedly no such show cause notice in terms of Section 8(3) of the Act was issued to the apartment owners. The impugned order of re-entry dated 07.08.2000 is based upon a show cause notice which was issued in violation of the provision of Section 8(3) of the Act. 15. In these circumstances, the impugned order dated 07.08.2000 is set aside. 16. Respondent No.1 will be at liberty to initiate fresh show cause notice in accordance with law. 17. The present petition has been disposed of with respect to the aforesaid issue and all other legal contentions of both the parties are left open. 18. Pending applications, if any, also stand disposed of accordingly. 19. Order be uploaded on the website of this Court forthwith. AMIT SHARMA, J NOVEMBER 01, 2025/kr/sg