( 1 ) IN Lutyens s New Capital of Delhi, which he conceived and planned in the nineteen twenties he set apart areas for commercial purposes and residential purposes separately. Keeling Lane was a residential area in Sir Edwin Lutyens s architectural plan. After independence it was renamed as Tolstoy Marg after the famous Russian novelist. This case is concerned with a building situated at 9, Tolstoy Marg.

( 2 ) IN 1961 the Master Plan, a statutory plan under the Delhi Development Act, 1957, was published by the Delhi Development Authority. This plan modified in many ways the ruling conception and design of Lutyens s New Delhi. The plan is based on "land use. " Some land previously used for residential purpose was declared as commercial. Tolstoy Marg was declared a commercial area. In 1966 a zonal plan for this area was published.

( 3 ) THE petitioners are the lessee of 9 Tolstoy Marg. There is a lease deed dated 19th March- 1931 between the Secretary of State for India in Council (the lessor) of the one part and the petitioners (the lessee) of the other part. To the Secretary of State for India, the President of India succeeded as the lessor. Clauses 5 and