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High Court Of Delhi
SATINDER SABHARWAL - Appellant
Versus
N.D.M.C. - Respondent
W.P.(C.) 5339 of 2002
Decided On : 10/13/2004
LEASE - Conversion of Use from Residential to Commercial - NDMC Act, 1994, Section 252 - Office Order No. 7/83 - The judgment discusses the petitions pertaining to the conversion of use from residential to commercial for various flats in Khan Market, based on the perpetual lease deeds executed by the Government of India. The court analyzed the provisions of the NDMC Act, 1994, particularly Section 252, and the implications of Office Order No. 7/83, which condoned certain breaches related to the use of commercial premises for commercial purposes. The court highlighted the arbitrary interpretation of the office order by the authorities and the discriminatory treatment of the petitioners compared to other flat owners in Khan Market. The judgment emphasized the need for a consistent and reasonable approach in interpreting and applying the legal provisions and office orders.
Fact of the Case:
The petitions pertained to the conversion of use from residential to commercial for various flats in Khan Market, based on perpetual lease deeds executed by the Government of India. The petitioners sought relief from notices, complaints, and charges related to the alleged misuse of the flats for commercial purposes. They also requested the execution of supplementary lease deeds permitting commercial use and the sanctioning of additional electricity load for commercial purposes.
Finding of the Court:
The court found that the authorities had interpreted and applied the legal provisions and office orders arbitrarily and discriminatorily. The judgment highlighted the need for a consistent and reasonable approach in interpreting and applying the legal framework. The court also emphasized the importance of treating similar cases equally and ensuring that the authorities adhere to the principles of fairness and non-discrimination.
Issues: The issues included the interpretation and application of the NDMC Act, 1994, Section 252, and Office Order No. 7/83, the discriminatory treatment of the petitioners compared to other flat owners in Khan Market, and the arbitrary actions of the authorities in granting commercial connections and condoning misuse for some flat owners while denying the same for the petitioners.
Ratio Decidendi: The court's decision was based on the inconsistent and discriminatory application of the legal provisions and office orders by the authorities. The judgment emphasized the need for a fair and consistent approach in interpreting and applying the legal framework, ensuring equal treatment for similar cases, and adhering to the principles of non-discrimination and reasonableness.
Final Decision: The court granted relief to some petitioners by quashing notices and complaints, directing the authorities to permit commercial use and execute supplementary lease deeds, and sanctioning additional electricity load for commercial purposes. The court dismissed some petitions for lack of evidence or material to support the claims. The judgment also emphasized the entitlement of the petitioners to the same benefits and treatment as other flat owners in Khan Market.
( 1 ) ALL THE ABOVE CAPTLONED PETITIONS PERTAIN to FLATS DEMISED IN PERPETUITY TO THE WRIT petitioners ON THE FIRST AND BARSATI FLOORS OF buildings CONSTRUCTED BY THE GOVERNMENT OF india, MINISTRY OF WORKS, HOUSING AND SUPPLY, department OF REHABILITATION AT KHAN MARKET.
( 2 ) FOR THE SAKE OF BREVITY, REFERENCE TO THE location OF FLATS WOULD BE REFERRED TO AS IN KHAN MARKET.
( 3 ) KHAN MARKET COMPLEX WAS DEVELOPED by THE GOVERNMENT OF INDIA. DOUBLE STOREY complex WAS CONSTRUCTED. ON THE GROUND floor, SHOPS WERE CARVED OUT AND ON THE upper FLOOR, ONLY RESIDENTIAL FLATS WERE CARVED out.
( 4 ) WRIT PETITION NUMBER, FLAT TO WHICH IT pertains AND RELIEF PRAYED IN EACH OF THE petition, MAY BE NOTED :-
(A)WP (C) 5339/02 : it PERTAINS TO FLAT NO. 28. RELIEF PRAYED is THAT NOTICE DATED 17. 1. 2002 BE quashed. SAID NOTICE ISSUED UNDER section 252 OF NDMC ACT, 1994 ALLEGES commercial USE OF FLAT. IT DIRECTS stoppage OF COMMERCIAL USE UNDER PAIN of PAYMENT OF FINE OR IMPRISONMENT. QUASHING OF COMPLAINT DATED 20. 6. 2002 in THE COURT OF METROPOLITAN MAGISTRATE for VIOLATION OF SECTION 252 OF THE NDMC act, 1994 IS ALSO PRAYED FOR. MANDAMUS is SOUGHT DIRECTING Landdo TO ALLOW THE application OF THE PETITIONERS FOR CHANGE of USE FROM RESIDENTIAL TO COMMERCIAL. PROHIBITION IS SOUGHT AGAINST THE respondents FROM TAKING ACTION FOR cancellation OF THE LEASE. MANDAMUS IS sought AGAINST RESPONDENT NO. 1 NDMC to ISSUE LICENCE FOR RUNNING A BAKERY FROM THE FLAT.
(B) WP (C) 3894/02 AND 787/03 : these PETITIONS PERTAIN TO FLAT NO. 15. RELIEF PRAYED IN WP (C) 3894/02 IS TO direct Landdo TO ALLOW THE APPLICATION OF the PETITIONER FOR CONVERSION OF USE from RESIDENTIAL TO COMMERCIAL. QUASHING OF NOTICE DATED 10. 6. 2002 alleging MIS-USE AND UNAUTHORIZED construction STATED IN THE NOTICE IS prayed FOR. MANDAMUS IS SOUGHT against Landdo TO EXECUTE A supplementary LEASE DEED AS WAS executed IN RESPECT OF FLATS NO. 9, 32 and 33 RELATING TO CHANGE OF USE FROM residential TO COMMERCIAL. IN WP (C) 787/03, PETITIONER PRAYS THAT imdmc BE RESTRAINED FROM LEVYING misuse CHARGES PERTAINING TO ELECTRIC connection GRANTED TO THE FLAT. ADDITIONALLY IT IS PRAYED THAT LOAD" violation CHARGES INCLUDED IN THE BILL BE QUASHED.
(C)WP (C) 3449/02 : it PERTAINS TO FLAT NO. 35. RELIEF PRAYED is TO DIRECT RESPONDENTS TO PERMIT change OF USER FROM RESIDENTIAL TO commercial AND TO EXECUTE A supplementary LEASE INCORPORATING SAID change OF USE.
(D)WP (C) 5489/02 : it PERTAINS TO FLAT NO. 34. RELIEF PRAYED is TO ALLOW THE APPLICATION OF THE petitioner FOR CHANGE OF USER FROM residential TO COMMERCIAL AND TO EXECUTE a SUPPLEMENTARY LEASE INCORPORATING the AFORESAID CHANGE.
(E)WP (C) 3629/02 AND WP (C) 6649/02: it PERTAINS TO FLAT NO. 5. RELIEF PRAYED for IS TO DIRECT THE RESPONDENTS TO permit CHANGE OF USER FROM RESIDENTIAL to COMMERCIAL AND EXECUTE A supplementary CONVEYANCE DEED incorporating SAID CHANGE OF USER. PRAYER in WP (C) 6649/02 IS THAT APPLICATION for SANCTION OF ADDITIONAL ELECTRICITY LOAD for THE FLAT BE DIRECTED TO BE ALLOWED by RESPONDENT NO. 1. PROHIBITION IS sought AGAINST NDMC FROM LEVYING MISUSE and LOAD VIOLATION CHARGES.
(F)WP (C) 815/03 : it PERTAINS TO FLAT NO. 39. RELIEF PRAYED is TO ISSUE A MANDAMUS TO THE respondents TO EXECUTE SUPPLEMENTARY lease INCORPORATING CHANGE OF USE FROM residential TO COMMERCIAL. FURTHER PRAYER is AGAINST NDMC THAT IT BE DIRECTED TO sanction ELECTRICITY CONNECTION FOR commercial PURPOSE. PROHIBITION IS sought AGAINST NDMC FROM RECOVERING electricity CHARGES BY LEVYING MIS-USE CHARGES.
(G)WP (C) 786/03 : it PERTAINS TO FLAT NO. 36. AS AMENDED, prayer MADE IS TO PROHIBIT NDMC FROM levying MIS-USE AND LOAD VIOLATION charges ON ELECTRICITY CONNECTION granted AT THE FLAT.
(H)WP (C) 7288/02 : it PERTAINS TO FLAT NO. 8. PRAYER MADE IS para-MATERIA TO WP (C) 786/03. ADDITIONAL PRAYER MADE IS THAT NDMC BE directed TO SANCTION ADDITIONAL LOAD OF 20 KVA FOR A COMMERCIAL CONNECTION.
(I)WP (C) 6643/02 : it PERTAINS TO FLAT
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