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IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Sanjana - Appellant
Versus
Lt. Governor, Govt. of NCT of Delhi - Respondent
W.P.(C) 16635 of 2022 & CM Appl. 52355 of 2022 and 52356 of 2022
Decided On : 06-12-2022
Important Points
Subject
Property Law - Real Estate and Eviction
Headnote
(B) Policy Discretion - The court reaffirmed that policy formulation regarding land and property rights falls within the purview of the government, and judicial intervention is limited to instances of arbitrary or perverse exercise of power. (Paras 16-17)
Facts of the case:
The petitioner occupied a shop in a JJR colony, having purchased it from the original allottee. The relevant policies allowed freehold conversion only for residential properties, thus leading to eviction orders under the DUSIB Act for failure to apply for mutation or comply with policy requirements.
Findings of Court:
The court found the petitioner's challenge to lack merit, affirming the necessity for mutation and the applicability of policy only to original allottees. The interests of similarly situated parties who had been evicted were also considered.
Issues: The key issues included the legality of the discrimination claim concerning the DUSIB policy and the necessity of mutation in property transfer under the JJR scheme.
Ratio Decidendi: The court concluded that policies governing the land were not arbitrary, and the petitioner had no valid claim to resist eviction due to the lack of proper title or mutation. Judicial interference in policy matters is unwarranted unless proven arbitrary.
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. legal history and context of property ownership in jjr colonies. (Para 3 , 4 , 5 , 6 , 8) |
| 2. arguments regarding applicability of policy to subsequent purchasers. (Para 7 , 9 , 10 , 11 , 15) |
| 3. court's reasoning on authority and eviction related to licensing. (Para 12 , 13 , 14 , 17 , 18) |
| 4. court's views on policy challenges and eviction. (Para 16) |
| 5. writ petition dismissed. (Para 19) |
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL.52355/2022 (for exemption)
2. Allowed, subject to all just exceptions. CM APPL.52355/2022 is disposed of.
W.P.(C) 16635/2022 & CM APPL.52356/2022(for stay)
3. 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.
4. 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. 4/13, DDA Market, Dakshin Puri Extension, New Delhi-110062 was allotted to Mr. Bansidhar under the JJR Scheme. As per order dated 20th June. 2013, issued by the Department of Urban Development, Government of NCT of Delhi, Dakshin Puri Extension is one of the JJR colonies which was developed by the Government under the JJR scheme and approved for conversion to freehold to eligible occupants.
5. Initially, on 11th June, 1984 a policy was issued by the GNCTD allowing allottees to purchase the houses constructed in Delhi under the slum clearance scheme and lease hold rights over the land on which the houses were built were also granted. The guidelines for mutation of properties allotted by the slum & JJR wing, Delhi Development Authority (DDA) were laid down as per the DDA's office order dated 14th July, 1987. However, despite the extensions of the said policy for mutation, a large number of allottees appeared to have not applied for mutation.
6. Thereafter, in 2010, the DUSIB came into existence with the enactment of Delhi Urban Shelter Improvement Board Act, 2010. The Slum and JJ Department was transferred to DUSIB from the Municipal Corporation of Delhi (MCD). Additionally, in 2011, vide order dated 19th September, 2011, issued by the Director JJR, the collection of license fee was suspended and the DUSIB was directed to frame a policy for lease-hold/free-hold rights on the allotted accommodation in the JJR wherein fee could be charged for conversion to lease-hold/free-hold. The said policy was announced by the Department of Urban Development, Government of NCT of Delhi on 20th June, 2013. On 11th November, 2019 an office order was issued for laying down the guidelines for conversion of DUSIB properties to lease hold and free hold as also for allotment to legal heirs in case of death of the allottee. However, as per the policy, the conversion of licence status to free hold or lease hold was only applicable to residential plots in the designated JJR colonies and not to commercial properties or shops.
7. The Petitioner in this case is in occupation of a shop which are located in the DDA market of the JJR colony, Dakshin Puri Extension. It is not in dispute that the Petitioner is a subsequent purchaser from the original allot
