Prathiba M. Singh, J.

1. The question that has arisen in the present appeal is as to whether the Land & Development Office (hereinafter, ‘L&DO’) can impose damages, at the time of conversion from leasehold to freehold, in respect of a property constructed prior to 1952, on the ground that the said property is completely unauthorized due to non-furnishing of sanctioned plan. The construction in this case was done during a period prior to the DDA and the MCD coming into existence.

2. Most of the facts in this case are not in dispute. The suit property is Cottage Plot No.8, South Patel Nagar, New Delhi admeasuring 1000 Sq. Yards (hereinafter ‘suit property’). The original lease deed dated 18th May, 1952 was executed between and on behalf of the President of India and Shri Diwan Chand Behl and Dr. Mrs. Leela Bai Behl. The salient terms and conditions of the said lease deed are under:

The lease was for a period of 99 years subject to revision of rent after a period of 20 years;

The lessee covenanted to erect upon the land during the said term and maintain a good and substantia