RAJINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed to challenge the order dated 31.7.1973 of re-entry (taking possession) by the Land and Development Officer of the Union of India in the house of the petitioners because of the misuse and illegal construction. The said order is sought to be declared unconstitutional.

(2.) Briefly the facts are that late Mohan Singh was allotted house No.12/20, East Patel Nagar, New Delhi vide lease deed 22.12.1951. One of the conditions of the lease deed is as under :-

(3.) The case of the petitioners is that their father had let out some portions of the property. The said tenants were apparently misusing the premises in violation of terms and conditions of the lease. The respondent No.2 issued notice to Late Mohan Singh and after receiving his reply the department was not satisfied with the explanation and consequently passed an order dated 31.7.1973 for re-entry in the premises. Late Mohan Singh expired on 25.12.1995. The present writ petition has been filed by his sons.