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DELHI HIGH COURT
PRATHIBA M.SINGH
Mahender Pal – Appellant
Versus
Lt. Governor GNCT of Delhi – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The Petitioner has challenged the impugned order dated 13th July, 2022 passed by the competent authority i.e. The Lieutenant Governor of Delhi under Section 45 of the Delhi Urban Shelter Improvement Board Act, 2010. Vide order dated 1st February, 2021 passed by the Dy. Director (JJR), DUSIB the Petitioner was directed to vacate his shop. This order was challenged before the Director, JJR, DUSIB which was also dismissed vide order dated 6th August 2021. An appeal was preferred challenging this order before the Competent authority which dismissed the same by the impugned order dated 13th July 2022 which is under challenge in this writ petition.
3. The brief chronology of events is that some time in 1960s and 1970s, various JJ resettlement (JJR) colonies were developed in Delhi. These JJR colonies were to be allotted on license/lease basis to persons who were dislocated during removal/demolition and eviction from various JJ clusters. Various residential and commercial plots were carved out in the said JJR colonies. One such commercial plot bearing no. 4/25, DDA Market, Dakshin Puri Extens
A policy allowing leasehold conversion for residential properties does not apply to commercial properties, and failure to seek mutation negates occupancy rights.
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.
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 from leasehold to freehold, and unauthorized occupation and construction justify 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.
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.
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.
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