SUSHILA KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER PRAYS THAT DEMAND RAISED VIDE LETTER DATED 16.9.2002 BE QUASHED AND MANDAMUS BE ISSUED TO THE FIRST RESPONDENT TO RAISE THE DEMAND FOR GROUND RENT UPON THE RESPECTIVE FLAT OWNERS I.E. RESPONDENTS 3 TO 10, IN PROPORTION TO THE AREAS OWNED AND OCCUPIED BY THEM. FURTHER MANDAMUS IS SOUGHT THAT THE DEMAND OF INTEREST RAISED IN THE IMPUGNED LETTER BE QUASHED. FURTHER MANDAMUS IS SOUGHT THAT THE FIRST RESPONDENT BE DIRECTED TO REFUND OR OTHERWISE ADJUST A SUM OF RS.15,70,909/- PAID BY THE HUSBAND OF THE PETITIONER.

(2.) WRIT PETITION CONCERNS ITSELF WITH PROPERTY BEARING MUNICIPAL NO.10-A, PRITHVI RAJ ROAD, NEW DELHI.

(3.) IMPUGNED LETTER ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER READS AS UNDER:- <FRM> " NO. L & DO/LI-9/2(3-A)/2002/418 DATED:16.9.2002. TO, SMT. SUSHILA KUMARI, WIFE OF LATE DR.KARNI SINGH, EXECUTRIX & TRUSTEE, LALLGARH PALACE, BIKANER-334001. SUB: PREMISES SITUATED ON PLOT.NO.3 (PART), BLOCK NO.2 KNOWN AS 10-A, PRITHVIRAJ ROAD, NEW DELHI. R/MADAM, I AM DIRECTED TO REFER TO YOUR LETTER DATED NIL RECEIVED IN THIS OFFICE ON 17.7.2002 ON THE ABOVE SUBJECT AND TO SAY THAT THE FOLLOWING PAYMENTS ARE TO BE MADE BY YOU BEING THE LEGAL REPRESENTATIVE OF THE LESSEE OF THE PROPERTY: 1. AMOUNT DEMANDED VIDE THIS OFFICE LETTER DATED 29.3.93. RS.2,13,729.00 INTEREST ON ITEM NO.1 & 2 OF DEMAND LETTER DATED 29.3.93 @ RS.1564/- P.M. W.EF. 15.4.93 TO 14.9.2002. RS.1,76,732.00 3. R.G.R W.E.F. 15.7.93 TO 14.1.2003 @ RS.67850/- P.A. RS.6,44,575.00 4. INTEREST ON ABOVE R.G.R W.E.F. 15.7.93 TO 14.9.02 @ 10 %P.A. RS.3,01,008.00 YOU ARE, THEREFORE, REQUESTED TO REMIT THE ABOVE AMOUNT THROUGH BANK DRAFT DRAWN IN FAVOUR OF LAND & DEVELOPMENT OFFICER, NEW DELHI ALONGWITH A SET OF CLOTHMOUNTED COMPLETION PLANS AS DEMANDED VIDE THIS OFFICE LETTER DATED 21.3.95 WITHIN 30 DAYS FROM THE DATE OF ISSUE OF THIS LETTER, FAILING WHICH ACTION UNDER THE TERMS OF LEASE WILL BE TAKEN. YOUR FAITHFULLY, SD/- (R.P.SINGH) ASSISTANT SETTLEMENT COMMISSIONER.</FRM>