N K VARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petition, i) impugns the notice dated 22.11.2005 of the respondent Land & Development Office (L&DO) in so far as the same requires the petitioner to pay damages for unauthorized use and occupation of 25 sq. yds. of land abutting property No.142, Golf Links, New Delhi with effect from 10.06.1960 and charges for misuse of property no.142, Golf Links, New Delhi with effect from 26.09.1974 and ii) seeks mandamus for implementation of the decision dated 27.12.1976 of the Joint Secretary (Planning) of the Ministry of Urban Development by execution of a supplementary lease deed with respect to the said 25 Sq. yds. of land. THE writ petition was accompanied with an application for interim relief restraining the respondent L&DO from taking any coercive steps against the petitioner including of evicting the petitioner from the said 25 sq. yds. of land. This Court while issuing notice of the petition, vide order dated 06.03.2006 restrained the respondent L&DO from taking coercive measures for recovery of the amount of damages and misuser charges. THE said interim order was made absolute on 20.08.2008. After judgment was reserved, the petitioner moved another application for interim relief averring threats of dispossession from the said 25 sq. yds. of land. Vide order dated 06.01.2012 on the said application, the parties were directed to maintain status quo. Pleadings have otherwise been completed and the counsels have been heard.

(2.) THE President of India acting through the Land & Development Officer vide Perpetual Lease Deed dated 18.12.1959 leased out a plot of land bearing No. 142, admeasuring 375 sq. yds in the residential colony of Golf Links, New Delhi to one Sh. Madan Lal Bajaj. THE said Sh. Madan Lal Bajaj vide Sale Deed dated 29.12.1959 i.e. within a few days of the Perpetual Lease Deed aforesaid transferred and assigned all his rights in the said plot of land in favour of the petitioner. THE petitioner claims to have thereafter in or about the year 1960-61 carried out construction on the said plot of land. THE respondent L&DO has along with its list of documents dated 04.12.2010 filed before this Court a copy of the letter dated 16.10.1967 addressed by it to the NDMC complaining of encroachment over government land (presumably 25 sq. yds. of land abutting plot No.142 supra) and enquiring as to how the NDMC sanctioned the building plans for raising construction on plot No.142, Golf Links, New Delhi without obtaining the prior approval of the respondent L&DO. Though the petitioner has chosen not to file the Perpetual Lease Deed of the plot of land before this Court but from the standard form of the Perpetual Lease Deed prevalent, judicial notice can be taken of the fact that the term thereof requires the lessee to obtain approval of the lessor L&DO also for raising any construction on the plot of land. THE petitioner also admits receipt of a notice dated 25.11.1968 of the L&DO containing reference to an earlier letter dated 24.08.1967 (informing petitioner of rejection of the building plans since the plot area leased out was 375 sq. yds. but the petitioner had occupied 400 sq. yds.) requiring the petitioner to show cause as to why he had not got the building plans approved from the L&DO as required under Clause I(v) of the Perpetual Lease Deed and why the area of the plot in the plans got sanctioned from the NDMC had been wrongly shown as 400 sq. yds. instead of 375 sq. yds.

(3.) IT was / is the case of the petitioner that building constructed over the plot of land leased to him and the said 25 sq. yds. was in a manner which did not allow handing over possession of the said 25 sq. yds. of land and hence the petitioner in or about the year 1976, while the proceedings under the PP Act were still pending, offered to pay the price of the said 25 sq. yds. of land.