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DELHI HIGH COURT
JAYANT NATH
Vipul Plastic and Allied Industries Pvt. Ltd. – Appellant
Versus
Delhi Development Authority – Respondent
| Table of Content |
|---|
| 1. writ petition to quash demand for conversion. (Para 1 , 2 , 3 , 4 , 5) |
| 2. contention on applicability of unearned increase. (Para 6 , 7) |
| 3. defense regarding misuse charges and policy. (Para 8 , 9 , 10) |
| 4. counsel arguments presented by both parties. (Para 11 , 12 , 13) |
| 5. court's ruling based on perpetual lease clauses. (Para 14 , 15 , 16) |
| 6. analysis of shareholder transfer and its relevance. (Para 17 , 18 , 19 , 20) |
| 7. policy regarding duration for misuse charges. (Para 21) |
| 8. final order quashing prior demands; directives issued. (Para 22 , 23 , 24) |
JUDGMENT
Jayant Nath, J. This Writ Petition is filed by the petitioner seeking to quash the impugned demand dated 08.11.2016 raised by the respondent for conversion of the property from leasehold to freehold. A direction is also sought to the respondent to execute the Conveyance Deed of the plot in question, namely, plot No.53, Wazirpur Group Industrial Area, ad-measuring 400 sq.yards in favour of the petitioner company.
2. The petitioner is said to be a Private Limited Company incorporated in 1977. On 02.09.1976, a Perpetual Lease Agreement was entered into between M/s. Jayna Plastic Works through its proprietor Mr.Vir
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