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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Subhash Solanki – Appellant
Versus
Delhi Urban Shelter Improvement Board – Respondent
JUDGMENT
1. The present appeal has been filed by the Appellant being aggrieved by the Judgment dated 07.10.2022, passed by the learned Single Judge in W.P.(C) 14254/2022. The said Writ Petition was filed against the Orders passed by the Respondents herein for eviction of the Appellant in respect of shop No.38, DDA Market, Dakshin Puri Extension, New Delhi-110062 (hereinafter referred to as `shop in question'). These proceedings were constituted under the Delhi Urban Shelter Improvement Board Act, 2010 (hereinafter referred to as `DUSIB Act, 2010').
2. It is stated that the Appellant was merely 14 years of age when the shop in question was allotted to his father in the year 1976. It is stated that when the father of the Appellant had passed away in 2009, the Appellant was not aware of the terms and conditions of the allotment, and therefore, he could not apply for mutation of the shop in question in this name as legal heir of his father. It is stated that Delhi Urban Shelter Improvement Board came into existence on 01.07.2010 after the father of the Appellant had passed away.
3. It is stated that after the demise of the father, the Appellant continued to carry on his business on
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.
Policies regarding land rights are within government discretion unless shown to be arbitrary; judicial intervention is limited.
A policy allowing leasehold conversion for residential properties does not apply to commercial properties, and failure to seek mutation negates occupancy rights.
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.
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.
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.
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.
Unauthorized sale of property allotted under the DUSIB Act can justify the cancellation of allotment.
Continuous possession and acknowledgment by the Custodian Department are crucial in determining property rights in cases of dispute.
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