UNION OF INDIA Vs. SAVITRI DEVI

JUDGEMENT

(1.) The question that arises for our consideration concerns the interpretation of Clause 8 of Office Order No. 23/76 dated 31 st March, 1976 issued by the Ministry of Works and Housing (now known as the Ministry of Urban Development). According to the Appellants, charges for misuse of leased premises are liable to be paid by the lessee and in addition thereto some penalty. According to the Respondent, only 1% token penalty is required to be paid by the lessee and no misuse charges are payable. In our opinion, looking to the Office Order as putting forward a composite scheme, misuse charges and penalty thereon are both leviable on a lessee for misuse of the leased premises. We, therefore, agree with the view canvassed by the Appellants.

(2.) The Appellants are aggrieved by an order dated 23rd January, 2009 passed by a learned Single Judge allowing WP (C) No. 7676 of 2000 and rejecting the contention urged by the Appellants.

(3.) The Respondent - Savitri Devi (since deceased) was allotted Plot No. 38, Golf Links, New Delhi by a perpetual lease deed dated 19th December, 1969 executed by the President (the successor for all practical purposes being the Land & Development Officer or L&DO).