SIDDHARTH NAGPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has sought quashing of the demand letter dated 21.6.2004 issued by the respondent no. 2, Deputy Land and Development Officer imposing excess penalty rates with retrospective effect and a direction to the respondent no.2 to refund the excess amount charged from the petitioner as penalty.

(2.) Brief facts to appreciate the controversies are that properties bearing no. J-3(B) and J-3(C) were allotted to Shri Jairam Dass Nagpal, grandfather of the petitioner, by a perpetual lease deed dated 18.2.1971 executed by Shri Jairam Dass Nagpal and the Land and Development Officer, on behalf of the President of India, Lessor.

(3.) It is contended by the petitioner that after the demise of Shri Jairam Dass, rights in the property devolved upon him and the property was mutated in his name in 1983, under the guardianship of his father as the petitioner was a minor at that time. The petitioner further submitted that the plot bearing no. J-3(B) was constructed upon by Late Jairam Dass, however, no construction was carried out on plot number, J-3 (C). When the petitioner attained majority and was in a position to carry out construction on the plot bearing number J-3 (C), he requested the Land DO for issuance of No Objection Certificate vide letter dated 9.3.2004 so that he could get the building plans sanctioned from the Municipal Corporation of Delhi.