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1989 Supreme(Del) 359

B.N.KIRPAL, C.L.CHAUDHRY
DEV RAJ GUPTA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
U.L.VATVANI, V.N.KALRA

B. N. Kirpal, J.

( 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











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