JUDGMENT

Yashwant Varma, J. (Oral)--The Court has heard Mr. N. S. Dalal, learned counsel for the petitioner No.1, Mr. Abid, learned counsel who appears for petitioner no.2 and Mr.Ram Kumar, who appears for DUSIB.

2. The challenge in the present writ petition is to an order of 18 June 2010, passed by the respondents assessing the petitioners to damages in respect of unauthorised use of the property in question. The order itself has come to be passed pursuant to the directions issued by this Court on 21 April 2010, on W.P.(C) 2646/2010. The impugned order proceeds on the basis that although the premises in question had been allotted for residential purposes, a shoe business was being carried on from the same and thereafter a guest house also came to be established therein. Taking into consideration the policy decision as adopted by the respondents on 25 October 2004, the petitioners have accordingly been held liable to pay damages as computed in the order impugned. Before proceeding to notice the rival submissions which have been advanced, it would be apposite to note the following facts.

3. As per the petitioners, the premises in question was occupied by the predecessors of the