MAHAJAN INDUSTRIES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who is a lessee, in respect of property bearing No. 27, Kasturba Gandhi Marg, New Delhi has filed the present writ petition under Article 226 of the Constitution of India with the following prayers -

(2.) Initially the lease of the property, referred to above, was granted in favour of one Dr. Raghu Nath by the then Secretary of State of India in Council and a perpetual lease deed dated the 8th February, 1933 was executed in favour of said Dr. Raghu Nath. Thereafter, by subsequent acts and assignments in law, the perpetual lease hold rights in respect of the above said property have been transferred in. favour of the petitioner in the present writ petition. Thus, it is not in dispute that the petitioner in the present writ petition is the recognised lessee in respect of the property in question. Shri Praveen Nayyar, the Attorney of the legal heirs of said Dr. Raghu Nath, on 25.3.81 had submitted an application to the respondents requesting for permission for coversion (change of user) of the property in question from residential to multi storeyed commercial complex. As per the case of the petitioner, the above mentioned application, submitted by the Attorney of the legal heirs of Dr. Raghu Nath has not been finally decided/disposed of by the respondents and the same is stated to be still pending. The correctness of the above fact has not been disputed even by the learned counsel for the respondents while making his submissions during the hearing of the petition.

(3.) It is further the case of the petitioner that much before the submission of the above said application, the legal heirs of said Dr. Raghu Nath on 19.5.1980 had entered into an agreement to sell the property in question to the petitioner which was followed by a registered sale deed, executed on 30.10.87 by the legal heirs of said Dr. Raghu Nath thereby transferring the lease hold rights in respect of the property in question in favour of the petitioner.