DEV RAJ GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this writ petition is to the letter dated 12th June, 1987 whereby the respondent No. 2 has demanded commercialisation and other charges from the petitioners in respect of the multistoreyed commercial building, which has been constructed at 20, Barakhamba Road, New Delhi.

(2.) Briefly stated the facts are that the aforesaid plot of land by virtue of a perpetual lease deed dated, 17th November, 1981 was given to Smt. Rama Bai wife of Dr. Tulsi-Ramby the Governor General in Council. Clause 2(5) and Clause 2(6), which are relevant .of the said letter read as under: - "2(5) The Lessee will not without the previous consent in writing of the Chief Commissioner of Delhi or such officer as the Lessor or the Chief Commissioner, Delhi may authorise in this behalf erect or suffer to be erected on any part of the said demised premises any buildings other than and except the building erected, thereon at the date of these presents. 2(9) The Lessee Will not without such consent as aforesaid carry on or permit to be carried on the said premises any trade or business whatsoever or use the same or permit the same to be used for any purpose other than that of a residence or do or suffer to be done thereon any act or thing whatsoever which in the opinion of the Chief Commissioner of Delhi may be an annoyance or disturbance to the Governor General in Council or his tenants in the New Capital of Delhi."

(3.) The said Smt, Rama Bai constructed a residential building on the said plot. Then this property was sold on 20tb May. 1938 to Smt. Leela Wati wife of late Shri Gulraj Gupta. On the death of Smt. Leela Wati the said property devolved on petitioners No. I to 4 and late Shri Hans Raj Gupta. It is alleged that Shri Hans Raj Gupta was the Karta of the Joint Hindu Family and petitioners No. 6 to 9 were his sons and co-parteners. It is not necessary to refer to devolution of the property after the death of Shri Hans Raj Gupta.