AISHA JALAL Vs. LT GOVERNOR

JUDGEMENT

(1.) The petitioner claimed to be occupier/owner of property No.T-235, Id Gah Road, Qadam Sharif Estate, Delhi since 11.3.1986 on transfer of interest by Shri Jagat Ram in her favour. It is stated that Shri Jagat Ram was a displaced person from West Pakistan who occupied the property in question measuring 166 square yards and constructed a double storey building which was subsequently transferred to the petitioner.

(2.) It may be noticed that no documents of title have been filed and the claim is based on the basis of payment of damages. In fact learned counsel for the petitioner does not dispute that there is no title to the property in question but that Shri Jagat Ram was paying damages earlier and thereafter the petitioner has been paying damages, some of the receipts of which have been filed on record. It is further stated that the property stand mutated in the name of the petitioner by the MCD though the same is for the purpose of house tax.

(3.) The genus of the dispute started from the receipt of a show cause notice by the petitioner from respondent No.3 vide letter dated 31.7.1987 calling upon the petitioner to pay a sum of Rs.29,882/- towards damages which was replied to by the petitioner. The petitioner disputed the quantum of damages and claimed that a uniform policy in respect of damages should be implemented qua all the occupants of the area in question.