UNION OF INDIA Vs. THE KHETRI TRUST

JUDGEMENT

(1.) This intra-Court appeal seeks to challenge the judgment dtd. 18/12/2024 passed by the learned Single Judge in W.P.(C) No. 17407/2024, whereby the demand letter dtd. 12/6/2024 issued by the Land and Development Office, Ministry of Housing and Urban Affairs, Union of India (hereinafter referred to as L&DO) demanding an amount of Rs.4,34,92,812.00 towards Unearned Increase from the respondent- The Khetri Trust, has been quashed. By the impugned order it has further been provided that substitution in favour of The Khetri Trust in respect of the subject property shall remain subject to outcome of the decision of the Hon'ble Supreme Court in SLP (C) Diary No.45720/2023.

(2.) A perpetual lease was executed in respect of the property no.5, Sardar Patel Marg, New Delhi by the Government of India on 24/4/1962 in favour of Raja Bahadur Sardar Singh of Khetri, the original lessee.

(3.) The original lessee executed a Will dtd. 30/10/1985 and Codicil dtd. 7/11/1985, whereby the subject property was bequeathed in favour of respondent-The Khetri Trust. The original lessee died on 28/1/1987 without leaving any heir. In accordance with the Will dtd. 30/10/1985, the respondent Trust was created by executing a Trust Deed dtd. 4/4/1987. On the basis of the said Will dtd. 30/10/1985 a Testamentary Case No.26/1987 was filed before this Court for grant of probate, however the said Testamentary Case was dismissed by the learned Single Judge of this Court, who refused to grant the probate, by means of the judgment dtd. 3/7/2012. This judgment of learned Single Judge was assailed in FAO(OS) 348/2012 before a Division Bench of this Court which was allowed by the Division Bench vide judgment dtd. 11/7/2023 and the Division Bench was pleased to grant probate of the Will dtd. 30/10/1985.