UNION OF INDIA Vs. P R NAIR

JUDGEMENT

(1.) THIS intra court appeal impugns the judgment dated 21 st March,2011 of the learned Single Judge in WP(C) No. 7858/2005 preferred by the respondent. The respondent, being the perpetual lessee under the appellant L&DO of land underneath property No. 85, Jor Bagh, New Delhi had filed the said writ petition impugning the letters dated 2nd June, 2004, 4th November, 2004 and 4th January, 2005 of the appellant L&DO demanding a sum of Rs. 12,51,621/- from the respondent towards misuse charges and penalty and as a pre condition for converting the lease hold rights in the said land into free hold; the writ petition also sought mandamus directing the appellant L&DO to follow the Instructions/Guidelines/Policies contained in Office Order dated 23/1976 dated 31st March, 1976.

(2.) THE case set out by the respondent in the writ petition was as under:

(3.) THE respondent filed a rejoinder to the aforesaid counter affidavit reiterating that the documents evidencing her consent to misuse had been fraudulently obtained by Mr. Dastur from her.