( 2 ) WITH the consent of learned counsel for the parties, the petition is taken up for final disposal at this stage.

( 3 ) A perpetual lease was executed dated 20. 04. 1972 in favour of the petitioners in respect of plot No. A - 74, Naraina Industrial Area Phase -I, New Delhi measuring 1941 sq. yds. for all industries allowed under the Master Plan for Delhi except acid and chemicals, cold storages, ice factories and food products. The petitioners constructed on the said plot and was issued the occupancy certificate.

( 4 ) THE petitioners received a show-cause notice dated 08. 01. 2002 alleging that there was unauthorised construction to the extent that a weigh bridge in front side of the open space of the premises had been installed and the same was in violation of the terms and conditions of the clauses of the lease deed being clauses II (2 ). II (11) and II (12 ). The said clauses are as under:-

"ii. The Lessee for himself, his heirs, executors, administrators and assigns covenants with the Lessor in the manner following that is to say: - (2) The lessee shall not deviate in any manner from the lay-out plan nor alter the size of the industrial plot whether by sub-division, amalgam

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