SATISH KUMAR MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Plaintiff is a lessee of property No.182 Jor Bagh, New Delhi (hereinafter referred to as 'suit property'). In this suit the Plaintiff inter alia seeks the mandatory injunction to quash the letter dated 17th December 2003 issued by the Defendant No.2, Land & Development Officer (L&DO) under the Ministry of Urban Development and Poverty Alleviation, Government of India calling upon the Plaintiff to pay a sum of Rs. 48,57,924/- being the misuse charges and also file an undertaking, as a condition for regularization of the breaches and withdrawal of the order of re-entry. It also seeks the quashing of the letter dated 20th February 2004, rejecting the request of the Plaintiff for reconsideration of the aforementioned terms of regularization of the breaches and rejecting the demand made in the letter dated 17th December 2003. The suit also seeks a decree to injunct the Defendants from dispossessing the Plaintiff from the suit property except in accordance with the due process of the law.

(2.) THE suit property is a plot measuring 410.89 sq. yds. It was purchased as a leasehold property by the Plaintiff at an auction in 1963 for a consideration of Rs. 83,500/-. It was thereafter was built upon as a residential property. It is at present a double-storied building with a barsati. A deed of perpetual lease was executed on 18th October 1966 by the President of India in favour of the Plaintiff Satish Kumar Mehta whereby the suit property was given on perpetual lease to the Plaintiff for a period of ninety-nine years.

(3.) IT is stated by the Plaintiff that the ground floor of the suit property was let out to M/s Organon India Ltd. for the purpose of residence of their Executives in the year 1971 for a monthly rent of Rs. 1300/-. The tenant Organon India Ltd., misused the portion of the ground floor for some time but stopped this misuser upon protest of the Plaintiff. A substantial part of the misuse charges was paid to the Defendants. On the date of the filing of the present suit, a sum of Rs. 191/- remained to be paid so far as the misuse of ground floor portion was concerned.