JOR BAGH ASSOCIATION REGD Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition pertains to leases of Nazul land in favour of individuals. These lands, prior to 1947, were leased out to individuals by the Governor-General-in-Council and, after 1947, the leases were executed in the name of the President of India. The lands fall under the control of the Land and Development Office (L&DO) (respondent No.2 herein).

(2.) The lease-hold rights in these lands stood transferred to the petitioners or their predecessors-in-interest. The relationships between these petitioners and the Union of India (respondent No.1), including the L&DO (respondent No.2) are governed by the terms and conditions of the perpetual leases. The question in the present petition relates to the charge of damages by the L&DO from the petitioners (leaseholders) in respect of alleged breaches committed by them by indulging in alleged unauthorised construction.

(3.) The prayers, as originally made in the petition, were as under:-