SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Jaya Saini – Appellant
Versus
Lt. Governor, GNCT of Delhi – Respondent
JUDGMENT
Subramonium Prasad, J.
1. Aggrieved by the Judgement dated 06.12.2022 passed by the learned Single Judge in W.P.(C) 15669/2022 dismissing the writ petition, the Appellant has approached this Court by filing the instant LPA.
2. Shorn of details the facts leading to the present LPA are as under:
i. It is stated that Jhuggi Jhopri Resettlement (JJR) Colonies were developed in Delhi and in these colonies, land was allotted to persons who were dislocated on account of removal/demolition/eviction proceedings from Jhuggi Jhopri Clusters and land was allotted under the JJR Scheme for residential and commercial plots.
ii. Under the said Scheme, residential plots measuring 25 sq. yds. and commercial plots measuring 12.5 sq. yds. were issued on a licence basis. Under the terms and conditions of the Scheme, the construction on the plots was to be done in accordance with the plan approved by the Delhi Development Authority (DDA) and the allottee could not change the use of the plot. It is stated that the allottee could not transfer or sublet the plot and in case of transfer or sublease of the plot/flat, the allotment would automatically stand cancelled and the DDA was to evict the trans
Subsequent purchasers have no legal right to claim conversion of property from lease hold to free hold and are liable for eviction if in unauthorized occupation.
Policies regarding land rights are within government discretion unless shown to be arbitrary; judicial intervention is limited.
The court upheld that under the relevant law, commercial properties cannot be converted from license to freehold, affirming the requirement of original allottees' compliance for legal recognition.
A policy allowing leasehold conversion for residential properties does not apply to commercial properties, and failure to seek mutation negates occupancy rights.
The court ruled that the policy for converting properties under the DUSIB Act applies only to residential plots, and failure to mutate properties renders occupancy unauthorized.
Violation of terms and conditions of the license and the prohibition of having more than one plot in one's name influenced the court's decision.
Compliance with the terms and conditions of allotment, including prohibition on unauthorized constructions and transfer of possession, is essential to contest eviction under the DUSIB Act, 2010.
Failure to substantiate entitlement to rehabilitation under the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015 results in denial of the benefit. However, authorities must provide temporar....
Eligibility for rehabilitation under the 2015 Policy is contingent upon the notification of jhuggi jhopri basti by DUSIB and adherence to the cut-off dates for entitlement to rehabilitation.
The failure of the DDA to process the property conversion request due to unsubstantiated claims of fraud and lack of documentation violates the respondent's rights.
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