S AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The facts giving rise to this petition are that the petitioner in this case is the lessee of land and building, known as No. 112 Baird Road, New Delhi under a perpetual lease dated 20.3.1937. It is stated by the petitioner that the said premises was under tenancy of Hakim Parmanand Taneja from 1.7.1947. The said tenant apparently constructed mazzanine measuring 13' x 10' in the godown of the above said premises. This mezzanine was an unauthorised construction within the meaning of clause 2(5) of the perpetual lease, which reads as under :-

(2.) The petitioner received a notice dated 15.12.1971 from the respondents, notifying that upon inspection an unauthorised mezzanine measuring 13' X 10' in godown was found in premises- No. 112, Baird .Road, New Delhi and that it was this mezzanine which was in contravention of clause 2(5) of the perpetual lease-deed, and the petitioner was called upon to remedy the breach with 30 in days of this notice, and upon failure, action in terms of the lease was proposed to be taken against the lessee.

(3.) The petitioner says that he made strenuous efforts to persuade the tenant to demolish the mezzanine, but to no effect. A reminder was also received by the petitioner from the Land & Development Office. As even legal notice did not result in removal of the unauthorised mezzanine apetition under Section 14(1)(k) of the Delhi Rent Control Act for eviction of the tenant, was filed in the year 1972, which, on the date of writ petition, was pending. The petitioner filed this writ petition, in which by order dated 23.7.1973 re-entry was stayed by this Court.