The failure of the DDA to process the property conversion request due to unsubstantiated claims of fraud and lack of documentation violates the respondent's rights.

JUDGMENT

Subramonium Prasad, J. Aggrieved by the Order dated 18.03.2021 passed by the learned Single Judge in W.P.(C) 3359/2017, the Delhi Development Authority (DDA) has preferred the instant appeal. The learned Single Judge by the Judgment impugned herein in the appeal has allowed the writ petition which was filed by Respondent No.1 herein for a direction to the Appellant/DDA to process the application of the Respondent No.1 for conversion of the property bearing J-221, Malviya Nagar Extension, Saket, New Delhi-110017 from leasehold to freehold in accordance with the policy guidelines of the DDA.

2. The facts, in brief, which has led to filing of the instant appeal are that the Government i.e., Secretary (CN), Land and Building Department, Delhi Administration, recommended allotment of an alternative plot of land measuring 200 sq. yards to one Ranjit Singh S/o Kali Ram under a scheme which was formulated by the Government for rehabilitating those persons whose entire land was acquired by the Government.

3. Pursuant to the recommendation, plot bearing J-221, Malviya Nagar Extension, Saket, New Delhi-110017 was allotted to the said Ranjit Singh by issuing an Allotment-cum-Demand letter on 02.11.1979. Thereafter, Ranjit Singh executed a General Power of Attorney (GPA) in favour of the elder brother of the Respondent No.1, i.e., Shri Laxman Lakhwani whereunder Shri Laxman Lakhwani, was authorized to do all the acts as mentioned under the GPA. The said Shri Laxman Lakhwani executed an Agreement to Sell in favour of the Respondent No.1 i.e., Ramesh Lakhwani herein who is the younger brother of Shri Laxman Lakhwani whereunder he agreed to transfer the leasehold rights qua the aforesaid plot in question to the Respondent No.1 for a consideration of Rs.48,000/-. On receipt of payment towards cost of the plot, physical possession of the plot was handed over on 03.04.1980.

4. On 19.05.1980, Shri Laxman Lakhwani, Attorney Holder, applied to the Appellant/DDA for grant of sanction to carry out construction over the plot in question. The Appellant/DDA issued a letter dated 26.05.1980, thereby granting sanction to carry out construction over the plot in question in terms of its policies. On 19.06.1980, the Appellant/DDA also granted water connection to the Respondent No.1. The Perpetual Lease Deed was executed by the Appellant/DDA on 27.10.1980 in favour of the allottee/Shri Ranjit Singh.

5. After about 40 years i.e., 29.02.2012, a request for conversion from leasehold to freehold qua the property in question was received from Shri Lakshman Lakhwani, who is elder brother of the Respondent No.1 herein on the basis of General Power of Attorney and Agreement to Sell. As per the documents submitted, the registered GPA which was executed on 28.02.1980 by the allottee in favour of Sh. Laxman Lakhwani S/o Sh. Kishan Chand and Agreement to Sell was executed on 28.02.1980 in favour of Sh. Ramesh Lakhwani S/o Sh. Kishan Chand i.e. the Respondent No. 1 herein were submitted. It is also pertinent to mention that a sum of Rs.2,31,488/- was paid by the Respondent No.1 to the Appellant/DDA towards conversation charges.

6. A letter dated 06.06.2012 was sent to Respondent No.1 herein by the Appellant/DDA with a request to seek clearance from the Land and Building Department, Delhi Administration i.e., Respondent No.2 herein, before the case of Respondent No.1 for the desired conversion into freehold could be processed owing to the reason that the L&B department had directed Appellant/DDA in the year 1981 not to take any action and keep the case in abeyance.

7. It i