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1986 Supreme(Del) 363

B.N.KIRPAL
SAHIB SINGH – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
D.S.Golani

B. N. Kirpal, J.

( 1 ) THE only challenge in the present writ petition is to the order of re-entry which had been issued on 24/6/1972 by the Land and Development Office, Delhi.

( 2 ) BRIEFLY stated, the facts are that the petitioner had purchased a plot of land No. 72, Ring Road, Lajpat Nagar, New Delhi under the provisions of Displaced Persons (Compensation and Rehabilitation) Act, 1954.

( 3 ) AFTER the building plans had been approved by the Municipal Authorities, a 21 storey bungalow was constructed on the said land. The trouble for the petitioner arose when on 20/11/1969 he let out the said premises for residential-cum-office purposes to respondent No. 2, M/s. Curewel (India) Limited at a monthly rent of Rs. 2300. 00.

( 4 ) THE petitioner received a letter dated 20/3/1970 from the Ministry of Rehabilitation wherein it was stated that the letting out of the said bungalow residence-cum-ofnce purposes amounted to a contravention of condition (vi) of the terms and conditions on which the land had been leased to the petitioner. The said condition reads as under :-

"the lessee doth to the intent that the burdon of the covenants may run with the said land and may bind any permitted ass










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