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SUBRAMONIUM PRASAD
Dinesh Chand Jain – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT (Oral)
CM APPL. 45165/2023 (Exemption)
Allowed, subject to all just exceptions.
W.P.(C) 11590/2023
1. The Petitioner seeks to challenge the Order dated 01.03.2023 passed by the Hon'ble Lieutenant Governor of Delhi, dismissing the revision petition filed by the Petitioner under Section 44 of the Delhi Urban Shelter Improvement Board Act, 2010 (hereinafter referred to as `DUSIB Act') herein and confirmed the Order dated 24.09.2019, passed by the Director (JJR), DUSIB and Order dated 11.01.2018, passed by the Deputy Director (JJR), DUSIB informing the Petitioner that the competent authority has cancelled the allotment of plot bearing Tenement No. 2, Double Storey, Welcome, Phase-III, Seelampur, Delhi- 110053 (hereinafter referred to as `the property in question').
2. It is stated that the property in question was allotted to one Shri Rati Ram S/o Sh. Sujan Singh on 06.07.1968 on license basis. It is stated that the said Rati Ram sold the property in question to the Petitioner herein by way of a GPA dated 24.11.1980.
3. It is stated that in 2017, a survey of the plots was conducted by the Respondent and Show Cause Notices dated 04.09.2017; 18.10.2017 & 07.11.2017 were issued to the
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.
Policies regarding land rights are within government discretion unless shown to be arbitrary; judicial intervention is limited.
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.
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.
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.
Future acquisitions are not prohibited, and eligibility is to be seen at the relevant date. Allegations of transfer of leasehold rights require supporting evidence.
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