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SUBRAMONIUM PRASAD
Chetan – Appellant
Versus
Delhi Urban Shelter Improvement Board – Respondent
JUDGMENT (Oral)
1. The Petitioner seeks to challenge the Order dated 26.10.2022 passed by the Hon'ble Lieutenant Governor of Delhi dismissing the appeal filed under Section 45 of the Delhi Urban Shelter Improvement Board Act, 2010 (hereinafter referred to as `DUSIB Act') by the Petitioner herein and confirmed the Order dated 23.07.2022 passed by the Director (JJR), DUSIB and Order dated 13.12.2018 passed by the Deputy Director (JJR), DUSIB informing the Petitioner that the competent authority has cancelled the allotment of plots bearing Nos.P2/663 & P2/634, JJ Colony, Sultan Puri, Delhi-110086.
2. It is stated that the plots bearing Nos.P2/663 and P2/634, JJ Colony, Sultan Puri, Delhi-110086 were allotted to one Sh. Gurnam Chand S/o Ram Singh and Sh. Naresh Gupta S/o Sita Ram respectively. It is stated that Sh. Gurnam Chand S/o Ram Singh and Sh. Naresh Gupta S/o Sita Ram sold the plots to one Sh Dinesh S/o Mohar Singh within two months of the allotment by way of GPA, Agreement to Sell, Affidavit receipt etc,. It is stated that further Sh. Dinesh S/o Mohar Singh sold the Plot No.P2/663 to Sh Ram Kaushal who is the father of the Petitioner herein and Plot No.P2/634 sold to Smt. Mal
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.
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.
Under the Scheme for conversion from leasehold to freehold, applications cannot be processed if the lease is cancelled and litigation regarding the property title is pending.
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.
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