GHANSHYAM DASS SETH Vs. UNION OF INDIA

JUDGEMENT

(1.) A perpetual lease deed was executed on 28.10.1959 by the President of India in favour of Smt.Raj Karni, Sh.Harbhajan Dass and Mr.Narain Dass in respect of plot no.32-33, NH-IV, Lajpat Nagar, admeasuring 1450 square yards.

(2.) The covenant of the lease in para I(ii) inter alia provided that a building would be constructed on the plot within 24 calender months. On violation of any term of the lease, the perpetual lessor was entitled to re-enter upon the property.

(3.) In respect of the said land, plot no.32 was sold by the perpetual lessees to Smt.Vimla Rani vide a sale deed executed on 17.10.1960 which was duly registered. However, no construction was carried out nor was apparently even mutation obtained in respect of the property for almost 13 years. This resulted in a show cause notice dated 29.08.1973 being issued by the Land and Development Office/respondent threatening to re-enter the property on account of non construction and consequent violation of clause I(ii) of the lease deed. Since no satisfactory cause is stated to have been shown, re-entry order was passed on 03.04.1975. It is, however, not clear as to why but the fact is that the re-entry notice was sent to Smt.Shiela Sandhu. Smt.Vimla Rani addressed a letter dated 25.04.1975 to the L&DO stating that she had informed vide a registered AD letter dated 22.11.1960 that she was the perpetual lessee of the plot. Smt.Vimla Rani further volunteered to pay any charges for withdrawal of re-entry. The L&DO in response to this letter on 26.05.1975 communicated the charges for regularization of breaches temporarily payable up to 30.06.1974 with an undertaking to be furnished by Smt.Vimla Rani on a non judicial stamp paper that she would remove the breaches by 30.06.1974 or get them regularized beyond the said date. In para 5 of the said letter, it was stated as under: