VIKRAMAJIT SEN, J.

( 1 ) THE question that has arisen in these petitions is whether the land and Development Office (Landdo) is competent to reject the Petitioners applications for conversion of their leasehold properties to freehold. This assault has not been raised for the first time and a number of decisions have already been pronounced by Single Benches and also the Division Bench of this court. These decisions have reviewed the Policy publicised by the Landdo itself. The paradox is that the lower staff of that Department resolutely refuse to implement the Policy of the highest echelons of the Government. The other dimension is the Respondent s repeated refusal to abide by Judgments of the High court; it is no defence that a Special Leave Petition has been filed, since their Lordships have declined to interdict the operation of the Judgment of the division Bench of this Court in Union of India Vs. Vinay Kumar Agarwal, 116 (2005) DLT 322.

( 2 ) THE salient features of the policy of conversion of property from leasehold into freehold are to be found in the Brochure of that very name published in June, 2003 by the Government of India, Ministry of Urban development and Poverty Alleviation, Land and Development Office. The clauses thereof which are germane to the present controversy are extracted for facility of reference:- 11. WHETHER CONVERSION WILL BE GRANTED EVEN IF THERE IS A misuse OF THE PROPERTY? yes, Conversion will be granted even where a portion of residential property is being put to Non residential use, subject to payment of misuse charges, whether earlier demanded or not. 12. WHETHER CONVERSION WILL BE granted EVEN IF THERE IS unauthorised CONSTRUCTION? conversion will be granted to the leasehold properties even if there is unauthorised construction, subject to payment of damages charges, whether earlier demanded or not. However the applicant will be liable for action under Municipal Bye-Laws. The conversion to freehold in the presence of misuse/unauthorised construction does not act as a waiver of any action which is liable to be taken under the building bye-laws by the Local Body. 13. IF PAST MISUSE AND UNAUTHORISED CONSTRUCTION were TAKEN CONGNIZANCE OF BY THE LESSOR HOW these CASES WILL BE HANDLED? in respect of these properties where any amount earlier claimed by the lessor and not paid by the lessees will have to be paid before the application for conversion can be considered. In respect of those properties where misuse and/or unauthorised construction exists, conversion may be allowed only after recovering the misuse charges and/or damages charges, irrespective of whether earlier demanded or not. 14. WHETHER CONVERSION WILL BE GRANTED IF THERE IS encroachment ON GOVERNMENT/public LAND? no. Conversion to freehold shall not be permitted in respect of a property involving encroachment on Government/ Public land. 15. WHETHER CONVERSION WILL BE GRANTED IF THERE IS a DISPUTE BETWEEN THE LESSOR AND LESSEES ABOUT PAYMENT of CERTAIN DUES? no, Conversion will not be granted unless any pending dispute including for payment of certain dues in respect of leasehold premises between the lessor and lessee is resolved. 16. WHETHER APPLICATION FOR CONVERSION CAN BE GIVEN DURING the PENDENCY OF SUBSTITUTION/mutation? applications can be given by the person/persons on whose names the substitution/mutation will have to be carried out. However, these applications will be considered only on disposal of pending substitution/mutation case. On disposal of substitution/mutation case, if it is found that the substitution/mutation is carried out on the name of the same person/persons who applied for conversion, the same application will be taken into account. Otherwise the conversion application will be rejected. 20. ON WHAT GROUND THE CONVERSION application WILL BE REJECTED? the Conversion application will be rejected on any of the following grounds :- 20. 1 When the lease stood determined/cancelled or the property stood re-entered.

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