MAYA DARYANI Vs. UNION OF INDIA

JUDGEMENT

(1.) The prayer in this writ petition is for setting aside the impugned orders dated 11th April 2000, 8th August 2002 and 5th March 2003 passed by the Land & Development Office (L&DO), Ministry of Urban Development & Poverty Alleviation, Government of India, Respondent No. 2 herein. The impugned orders demanded from the Petitioner No.3 M/s. Peejay Industries Pvt. Limited (PIPL) unearned increase and interest with respect to the freehold conversion and mutation of the property at No. 28, Prithviraj Road, New Delhi in favour of PIPL. The Petitioners also seek refund of the amount of unearned increase and interest paid to the L&DO.

(2.) The plot of land admeasuring 1.988 acres, of which the property at 28, Prithviraj Road forms part, was originally leased to Sardar Shivdev Singh son of Sardar Bishan Singh on 16th March 1932 by the Secretary of State for India in Council. The deed of lease was registered on 23rd/26th August 1932.

(3.) Between 1932 and 1933 the above plot was built upon. A bungalow, garages, outhouses, servant quarters and appurtenances came to be constructed. According to the Petitioners, by a registered transfer deed dated 14th September 1933 Sardar Shivdev Singh sold and transferred all his rights, title and interest under the said agreement for lease dated 16 th March 1932 as well as rights in the built up part to one Mr. Cyril William Grant. By an Indenture of Perpetual Lease dated 19th November 1937 the said transfer was duly recognised by the Governor General-in-Council. In terms of Clause 2 (11) of the said deed of perpetual lease, the lessee was required to obtain the previous approval in writing of the Chief Commissioner of Delhi for assigning, transferring, subletting a part of the said premises. Clause 2 (11) also provided that upon assignment, transfer or sublease of the whole of the said premises or any part thereof, the lessee would within one month thereafter deliver a copy of the lease deed of assignment, transfer or sublease to the lessor or the Chief Commissioner of Delhi.