(1.) The Respondents (writ petitioners) are the legal heirs of Shri T.L. Dewan who was allotted a plot of land by the Appellant on 13th February, 1975 bearing No.28, Road No.29, Punjabi Bagh Extension measuring 244 Sq. meters. Shri Dewan unfortunately passed away on 6th June, 1977. After his death, the writ petitioners wrote to the Appellant for mutation of their records by incorporating therein the names of the writ petitioners.
(2.) A reading of the averments in the writ petition discloses a sorry state of affairs in as much as for one reason or another the Appellant kept delaying the mutation by asking the writ petitioners to produce all sorts of documents and complete various formalities. Eventually, after pursuing the matter for 12 years, the writ petitioners were successful in persuading the Appellant to recognise them as the rightful owners of the plot of land and on 8th June, 1989 a lease deed was executed between the parties. In the meanwhile, the cost of construction had escalated and so the writ petitioners were not able to carry out construction. Taking advantage of this, on 6th February, 1996, the Appellant sent them a demand for a sum of Rs. 1,81,606/- as charges on account of non- construction. Feeling aggrieved the writ petitioners filed CWP No.1955/1996 out of which the impugned judgment and order has arisen.
(3.) A learned Single Judge of this Court passed an order on 15th May, 1996 staying the operation of the impugned demand subject to the writ petitioners depositing a sum of Rs. 1 lakh with the Appellant within four weeks. The deposit was made in time.