important point
It is for the DDA as the perpetual lessor to permit conversion of leasehold plot into freehold in whole or in part.

judgment

Dr. ARIJIT PASAYAT, J. —

1.Leave granted.

2.Challenge in this appeal is to the order passed by the Division Bench dismissing the Letters Patent Appeal filed by the appellant. The Division Bench dismissed the Letters Patent Appeal filed against the orders passed by the learned Single Judge in Writ Petition (Civil) No.7990/2002 decided on 3.12.2004. The basic issue was whether sub-division of land was permissible. The prayer in the writ petition was that direction be issued to the Delhi Development Authority (in short ‘DDA’) to sanction conversion of the appellant’s share in the plot from leasehold to freehold. Stand of the appellant was that he was a co-sharer. Since lessee is permitted to assign a part of premises, it was stated that prayer is acceptable. Reliance was placed on Clause 11 of the Indenture dated 22.8.1919 to contend that lessee is permitted to assign even part of the demised premises.

3.Learned Single Judge was of the view that if prayer is granted it would amount to a direction to amend the layout plan. It would also have the effect of upsetting development control and planning norms. With reference to Delhi Development Authority Act, 1957 (in short the ‘Act’) it was observed that the said Act envisaged preparation of a Master Plan, Zonal Development Plan and at the lowest level of planning the lay out plan. Development Code under the master plan reveals that in the lay out plan as prepared, individual plots stand earmarked. Building control norms apply in the context of an individual plot. Sub-division cannot take place until and unless lay out is amended.

4.Order of learned Single Judge was assailed before the Division Bench. The Division Bench noted that condition no.10 reads as follows:-

“The Lessee shall upon every assignment, sub-lease or transfer of the said premises the lease of which is hereby renewed or any part thereof, within one calendar month thereafter deliver a notice of such assignment, sub-lease or transfer to the Lessor or to any officer appointed by him in this behalf, setting forth the names and description of the parties thereto and the particulars and effect thereof, and all such assignees, sub-lessees and transferees and the heirs of the lessee shall be bound by all the covenants and conditions herein contained and be answerable in all respects therefore.”

5.The DDA is the perpetual lessor of the land unless and until it is provided by the lessor, there is no question of dividing the plot. The Division Bench observed that no doubt construction can be carried out by number of persons together and they may be the owners jointly or individually in certain proportions. It does not mean that land is also sub-divided when the layout plan is not amended. The Division Bench observed that it was for the DDA to permit and the record reveals that the DDA was willing to consider conversion from freehold of the plot as a whole and not in part. The appellant was not willing to pay the entire amount and, therefore, he approached the High Court. Therefore, the Division Bench found no merit in the appeal.

6.Learned counsel for the appellant submitted that the High Court’s approach is erroneous. In any event the Division Bench consisting of the Chief Justice and Justice S.K. Kaul should not have taken up the matter as at an earlier point of time, Justice Kaul had dealt with the matter.

7.Learned counsel for the respondents submitted that the appellant had not pointed out at any point of time before the Division Bench that Justice Kaul had earlier dealt with the matter and, therefore, it will not be open to the appellant to make a grievance. It was submitted that Justice Kaul had not passed the final order and, therefore, the order does not call for any interference particularly when there is no merit in the appeal.

8.Though the learned counsel for the appellant stated that it was brought to the notice of the Division Bench who heard the matter that Justice Kaul had passed the earlier order as a lea