WAZIRPUR BARTAN NIRMATA SANGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This order shall dispose of two CMs moved by the applicant in the present case. The application bearing No. 11672/2006 has been filed by Shri Brij Bhushan Sharan, Resident of 3-A, Jaipur Estate, East Nizamuddin, New Delhi-110013 for intervention/impleadment and for seeking appropriate directions against the Delhi Development Authority (D.D.A). The other CM No. 11673/2006 has been moved by the applicant for stay against dispossession from the site bearing Ghat No. 5, Kudasiya Ghat, Bela Road, Delhi-110054. The applicant claims that the site bearing Ghat No. 5, Kudasiya Ghat, Bela Road was originally leased to Shri Lachman Dass vide duly registered Lease Deed dated 10.4.1925, which Lease Deed was extended from time-to-time. The applicant further claims that his name was substituted in place of Shri Lachman Dass vide letter dated 18.9.1939 of Notified Area Committee and after the said substitution the applicant alone became lessee of the said site. The applicant has claimed extension of his lease through Temporary Lease Agreement vide Annexure P-3 which is dated 14.7.1967 for a period of five years commencing from 1.7.1963. Another extension of the lease is claimed by the applicant through letter dated 6.4.1970 which is annexed as Annexure P-4 with the application and by which the extension of lease has been claimed from 1.7.1968 to 30.6.1973 on the existing terms and conditions. The applicant also states that he had been continuously depositing the ground rent vide letters dated 18.4.1970, 2.3.1971 and 3.6.1972 which as per applicant evidences proof of deposits made by him towards ground rent. It is further stated that the ground rent deposited vide letter dated 3.6.1972 for the period w.e.f. 1.7.1971 to 30.6.1973 was not accepted by L&DO on the ground that the land under the Bathing Ghats was transferred to DDA, therefore, the applicant was required to make necessary payments to DDA, in future. Pursuant to the said letter of the L&DO, the applicant sent the ground rent to DDA but vide letter dated 20.9.1972 DDA refused to accept the ground rent saying that the necessary records from the L&DO were not received by them. Further letters were written by the applicant but since there was no response from the DDA, the applicant kept depositing the ground rent with the L&DO and as per the applicant the same stands deposited upto 30.06.2008. The applicant further claims that the plan of the said site was also sanctioned in the year 1924-26 vide various resolutions passed by Notified Area Committee and he has been in-uninterrupted possession of the said site and no unauthorized construction has been raised by him at the site. Thus, the applicant claims to be in legal possession on Ghat No. 5, Kudasiya Ghat, Bela Road, Delhi-110054 on the strength of the aforesaid documents.

(2.) The main contention raised by the learned Counsel appearing for the applicant is that the possession of the applicant in no way can be considered to be unauthorized as the genesis of applicant's possession is through the Lease Deed dated 10.4.1925, which was extended from time-to-time. The applicant has also relied upon Clause 10(a) of the Lease Deed dated 14.7.1967 which mandates extension of lease for every five years block from time-to-time on the same terms and conditions if the lessee so desires. Clause 10(a) of the lease is reproduced as under:

(3.) The applicant has further relied upon the various deposits made by him towards ground rent from time to time and various covering letters sent by the applicant along with the cheques amounting to Re. 1/- per year to make payment of ground rent to the DDA and L&DO. The applicant has also relied upon the letter dated 7.8.1974 of L&DO whereby the applicant was informed that due to the transfer of the land of Bathing Ghat No. 5 in favour of DDA on 7.7.1971, the rent beyond that period was to be deposited to DDA and not to L&DO. The applicant has also relied upon the letter sent by the L&DO after the advise given by the DDA vide letter dated 22.7.1978 for the deposit of the money with the L&DO. The applicant has also relied upon the letter dated 12.2.1987 whereby the L&DO informed the applicant that the payment made by him towards ground rent was under consideration. The applicant has also relied upon the receipt issued by the L&DO, Ministry of Urban Development, whereby cheque for an amount of Rs. 4/- was received by the L&DO on 15.9.2004 towards the deposit of ground rent. Another covering letter dated 2.8.2005 for a deposit of Rs. 3/- towards ground rent from the period 1.7.2005 to 30.06.2008, which carries endorsement of Accounts Officer, L&DO, has also been relied by the applicant. Based on these documents the applicant has claimed himself to be in legal and authorized occupation of Ghat No. 5, Kudasiya Ghat, Bela Road, Delhi-110054 and, therefore, he claims that he cannot be dispossessed from the site, in question.