M M L BHASIN Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, filed under Articles 226 and 227 of the Constitution of India, petitioners have challenged the decision of respondent no. 2, thereby, charging unearned increase, on the basis of the land rate, other than that, prevailing on the date. of application, for permission to sell the Immovable property, as well as, the interest thereon. Petitioners also challenged ^ the power of respondents to levy unearned increase, as per the terms and conditions of perpetual lease-deed. However, during the course of arguments, petitioners sought liberty of this Court, not to press this ground, since the question was one of fact.

(2.) For better appreciation of the questions, involved in the petition, and the contentions, urged before me, by learned Counsel for parties, it will be useful to refer to, in brief, the facts and circumstances of the case.

(3.) By a perpetual lease-deed, dated August 20, 1954, plot bearing No. 159, Jor Bagh, New Delhi, was leased out by President of India, to one Shri Thakur Dass Sharma, on the terms and conditions, as incorporated there in. Clause 13 of the lease-deed, inter a/to, provided as under :