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2012 Supreme(Del) 403

VIPIN SANGHI
Usha Kumar – Appellant
Versus
UOI – Respondent


Advocates appeared:
For the Petitioner:A.B. Dial, Sr. with Ms. Sumati Anand, Advocate.
For the Respondents:B.V. Niren, Advocate for UOI

JUDGMENT

VIPIN SANGHI, J.

1. The property bearing No.A-68, Shivalik, New Delhi admeasuring 218 sq.yds i.e. about 180.27 sq. mtr. (the said property) was perpetually leased out in favour of Shri S.K.Bajaj, son of Shri Devi Das vide perpetual lease deed dated 20.11.1990 executed by the Rehabilitation Division. Shri S.K.Bajaj executed a General Power of Attorney in favour of the petitioner on 13.01.1992. He also executed his last will in respect of the said property in favour of the petitioner. The possession of the property was handed over to the petitioner by Shri S.K. Bajaj. Thereafter, the petitioner raised construction of a residential house and since then she has been living therein with her family.

2. The respondent came out with a policy for conversion from leasehold rights into freehold rights in respect of residential plots admeasuring upto 500 sq.mt. In the “Introduction” of the said policy, the Govt. stated as follows:-

“Considering the long pending demand from the public for converting the lease hold system of land tenure into freehold, the Govt. have decided to sanction the conversion to freehold in respect of purely residential leases of all flats/tenements and built up




































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