MURTI DEVI Vs. UOI

JUDGEMENT

(1.) THE appellant has challenged the order dated 6th November, 2009, passed in WP(C) No. 11191/2009 titled as 'Smt. Murti Devi Vs. UOI and Ors.', dismissing the writ petition, seeking directions to respondent Nos. 1 to 3 to allot alternative suitable site under rehabilitation scheme to the appellant after demolition of the leased premises adjacent to shop No. 6, West Barron Road, New Delhi and for quashing the demand notice dated 17th April, 2009 and to declare the notice null and void.

(2.) THE relevant facts for comprehending the controversies are that pursuant to the application dated 7th May, 1957 by the husband of the appellant, a site measuring 2210 sq.ft., for running a flour mill driven by electricity at West Barron Road, adjacent to shop No. 6 from 14th August, 1957 at a monthly lease of Rs. 53/- per month was granted by the respondents. THE proposed lessee was also entitled for erection of a temporary structure on the land in accordance with the plans to be approved by the lessor. It was also agreed that a temporary lease will be executed at the expense of proposed lessee. By a communication dated 13th December, 1957, it was communicated to Sh. Paras Ram, erstwhile lessee that the ground rent of Rs. 53/- for the area of 1950 sq. ft. had been wrongly intimated and he was directed to pay an amount of Rs. 57/- for the reduced area of 1,592 sq. ft.

(3.) THE predecessor of the appellant was, however, sent a notice dated 3rd March, 1976 demanding the ground rent for different periods stipulating that if the amount was not paid within 30 days, the terms and conditions offered would be automatically withdrawn and action would be taken against the proposed lessee. To the notice dated 3rd March, 1976, a reply was sent on behalf of Sh. Hari Shankar Flour Mills dated 28th December, 1976, contending, inter alia, to consider his representation sympathetically and for reducing the ground rent so that it may be within the paying capacity. THEreafter, many more representations were made by Sh. Paras Ram for reconsideration of his case and for reducing the monthly rent which was not accepted by the authorities. THE representations of the appellant's predecessor were declined by letter dated 28th August, 1987 and he was directed to make payment within 15 days, failing which the terms and conditions offered to the predecessor of the appellant by a communication dated 3rd March, 1976 would be withdrawn and cancelled. It was also stated that the occupation of the Government land was unauthorized from 15th January, 1966 and hence he was also liable to pay the damages.