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2006 Supreme(Del) 1433

PRADEEP NANDRAJOG
J. R. SOOD – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
AMAN LEEKHA, Jayant Bhushan, Madalsa Singh, MALINI SUD, S.Ali, Y.P.NARULLA


PRADEEP NANDRAJOG, J.

( 1 ) I have today disposed of RP No. 317/05 in WP (C)No. 15058-59/04. The review petition has been dismissed. My reasons recorded in the said order as also my order dated 29. 8. 2005 disposing of the said writ petition may be read as my reasons for allowing the present petition.

( 2 ) ONLY ground which needs to be considered is whether a cinema site is entitled for conversion from leasehold tenure to freehold tenure.

( 3 ) CONVERSION policy applies to all commercial sites in Delhi. The conversion policy does not define which lands are commercial lands.

( 4 ) THE concept of commercial land would have to be determined from the provisions of the Master Plan in force in the Union Territory of Delhi. A peep into the Master Plan, Chapter-I, under the heading "development Policies, Planning norms and Land Use Plans" shows that a five tier system of commercial areas is contemplated by the Master Plan. Area for shopping, offices, cinema and hotels are all clubbed under the development norm i. e. five tier system of development envisaged for commercial areas. Activities at tier-II club together retail shopping, wholesale, cinema and hotel sites. The Development Cod










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