Rajinder Singh And Ors. vs Union Of India (Uoi) And Ors.
2006 Latest Caselaw 2077 Del

JUDGMENT

Mukul Mudgal, J.

1. This writ petition under Article 226 of the Constitution of India has been filed to challenge the order dated 31.7.1973 of re-entry (taking possession) by the Land and Development Officer of the Union of India in the house of the petitioners because of the misuse and illegal construction. The said order is sought to be declared unconstitutional.

2. Briefly the facts are that late Mohan Singh was allotted house No. 12/20, East Patel Nagar, New Delhi vide lease deed 22.12.1951. One of the conditions of the lease deed is as under: Not to use the said land and buildings that may be erected thereon during the said term for any purpose other than the purpose of constructing of house without the previous consent in writing of an officer appointed by the Lesser in this behalf, provided that lease shall become void if the land is used for any purpose other than that for which the lease is granted not being a purpose subsequently approved by the said officer.

3. The case of the petitioners is that their father had let out some portions of the property. The said tenants were apparently misusing the premises in violation of terms and conditions of the lease. The respondent No. 2 issued notice to Late Mohan Singh and after receiving his reply the department was not satisfied with the explanation and consequently passed an order dated 31.7.1973 for re-entry in the premises. Late Mohan Singh expired on 25.12.1995. The present writ petition has been filed by his sons.

4. During the course of the proceedings efforts for amicable settlement were made. Learned Counsel for the respondent No. 2 had submitted a proposal for damages and misuse charges for regularization of past breaches. The amount of damages and misuse charges as well as draft of the undertaking required by the respondent No. 2 has been filed on record. Learned Counsel for the petitioners states that the said amount shall be paid and the undertaking in the requisite form shall be filed within four weeks from today. If said payment is made along with affidavits required to be filed by the petitioners within four weeks, the decision dated 31st July 1973, to re-enter the premises shall stand withdrawn and no further damages on this ground would be payable by the petitioners. Since the grievance raised in the writ petition stands redressed, no other orders are called for.

5. The writ petition stands disposed of accordingly. Copy of the order be given dusty.