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2004 Supreme(Del) 331

SANJAY KISHAN KAUL
VINAY KUMAR AGGARWAL – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ASHOK KUMAR GUPTA, DIPAK KHADARIA, Farrukh Rashid, O.P.KHADARIA,

SANJAY KISHAN KAUL

( 1 ) LATE Shri Lakshmi Chand was the perpetual lessee of Plot No. 1 Block 90, 1, at Jain Mandir Road, New Delhi in pursuance to the lease deed executed on 15. 03. 1922 and constructed a double storyed building on the said plot some time in 1935. On his demise, the property was mutated vide mutation letter dated 06. 06. 1963 in the name of the petitioner.

( 2 ) IT appears that soon thereafter the petitioner made certain additional constructions as per the Resolution of the New Delhi Municipal Committee but the respondent, Land and Development Office, Government of India, which was the perpetual lessor refused to grant permission for the additional construction and further refused to regularise the misuse on the premises. This was set out in the letter dated 09. 07. 1969. It was further stated that the respondent was willing to reconsider the decision provided the petitioner complied with the terms set out in the letter requiring payment of certain additional charges. The petitioner did not comply with the terms of the letter but made a representation dated 14. 11. 1969 stating that the charges were exorbitant and the penalty should not be imposed. The respondent i































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