TEK CHAND NARULA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, who are the progeny of one Daulat Ram Narula, have preferred this writ petition under Article 226 of the Constitution to assail, essentially, the misuse charges and damages for unauthorized construction sought to be levied by the respondents qua property described as 1/90, P Block, Connaught Circus, New Delhi (hereafter referred to as 'property').

(2.) The petitioners, on the other hand, claim that the misuse of the property was carried out by the tenants qua whom appropriate action was preferred in the concerned court whereby inter alia their eviction was sought, and therefore, the petitioners or their predecessor-in-interest was not liable for misuse charges.

(3.) Therefore, in a nutshell, the core issue which I am required to rule upon is whether the respondents can recover misuse charges, penalty, and damages contrary to the provisions of Office Order No. 23/1976.