RAJINDER KUMAR AGGARWAL Vs. UOI

JUDGEMENT

(1.) THE petitioners have approached this Court for directions to quash a notice issued by the Land and Development Officer on 14. 10. 2005 and the subsequent notice dated 12. 11. 2005.

(2.) THE petitioners claim to be residing/occupying portions of property built on plot No. 23, West Patel Nagar, New Delhi. The lease in respect of the said plot was given in favour of one Shri G. Krishna in March, 1957. Eventually, on 3. 7. 1986, one M/s. Folk Garments (P) Ltd. sold the said property to Ashoka Builders and Promoters through a registered sale deed. Between 1986 and 1991, the said Ashoka Builders apparently redeveloped the property in accordance with sanctioned plans and sold different, flats/units to various persons such as the petitioners.

(3.) IT is claimed that the petitioners have been occupying the flats since 1991. On 14. 10. 2005, the respondent, Landdo issued a notice to M/s. Folk garments P. Limited alleging misuse and unauthorized construction of the property. This notice was not received by the petitioners as they were not recorded owners; they had also not secured any mutation in their favour. On 12. 11. 2005, the Landd. O. had issued the impugned order terminating the lease of the property and seeking re-entry. Subsequently, it issued notice under provisions of Public Premises (Eviction of Unauthorized Occupants)Act, 1971.