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2009 Supreme(Del) 1024

S.MURALIDHAR
SATISH KUMAR MEHTA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared
Through:Mr. Sanjiv Bahl with Ms. Meghalee Barthakur, Mr. Rajiv Dubey and Mr. Rajan Narain, Advocates.
Through:Mr. Rajesh Katyal, Advocate.

JUDGMENT

S. Muralidhar, J.

1. The Plaintiff is a lessee of property No.182 Jor Bagh, New Delhi (hereinafter referred to as `suit property?). In this suit the Plaintiff inter alia seeks the mandatory injunction to quash the letter dated 17th December 2003 issued by the Defendant No.2, Land & Development Officer (L&DO) under the Ministry of Urban Development and Poverty Alleviation, Government of India calling upon the Plaintiff to pay a sum of Rs.48,57,924/- being the misuse charges and also file an undertaking, as a condition for regularization of the breaches and withdrawal of the order of re-entry. It also seeks the quashing of the letter dated 20th February 2004, rejecting the request of the Plaintiff for reconsideration of the aforementioned terms of regularization of the breaches and rejecting the demand made in the letter dated 17th December 2003. The suit also seeks a decree to injunct the Defendants from dispossessing the Plaintiff from the suit property except in accordance with the due process of the law.

2. The suit property is a plot measuring 410.89 sq. yds. It was purchased as a leasehold property by the Plaintiff at an auction in 1963 for a consideration of Rs.83,50












































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