JUDGMENT

SUBRAMONIUM PRASAD, J.

1. Aggrieved by the Judgement dated 06.12.2022 passed by the learned Single Judge in W.P.(C) 15669/2022 dismissing the writ petition, the Appellant has approached this Court by filing the instant LPA.

2. Shorn of details the facts leading to the present LPA are as under:-

i. It is stated that Jhuggi Jhopri Resettlement (JJR) Colonies were developed in Delhi and in these colonies, land was allotted to persons who were dislocated on account of removal/demolition/eviction proceedings from Jhuggi Jhopri Clusters and land was allotted under the JJR Scheme for residential and commercial plots.

ii. Under the said Scheme, residential plots measuring 25 sq. yds.

and commercial plots measuring 12.5 sq. yds. were issued on a licence basis. Under the terms and conditions of the Scheme, the construction on the plots was to be done in accordance with the plan approved by the Delhi Development Authority (DDA) and the allottee could not change the use of the plot. It is stated that the allottee could not transfer or sublet the plot and in case of transfer or sublease of the plot/flat, the allotment would automatically stand cancelled and the DDA was to evict the transferee and take possession of the property without payment of any compensation.

iii. On 14.07.1987, guidelines for mutation/transfer of properties allotted by the Slum & JJR Wing, DDA were issued for the purpose of mutation to the original allottee and also for the legal heirs of a person who had earlier been allotted the plot.

iv. The shop in question, i.e., Shop No.4/24, Dakshin Puri Extn., DDA Market, New Delhi was allotted to one Ramesh S/o N K Pillai in the year 1976. As per the terms and conditions, the sale/purchase of the shop was not permissible. On a survey being conducted by Delhi Urban Shelter Improvement Board (DUSIB), it was found that the allottee had sold the shop in question and massive unauthorized construction, i.e., Ground +3 floors had been constructed and there was encroachment on government land.

v. The property in question was in occupation of one Subhash Saini, husband of the Appellant herein. It is stated that a school in the name of Green Heaven Public School was also being run from the premises.

vi. Proceedings were initiated under Sections 41 and 42 of the Delhi Urban Shelter Improvement Board Act, 2010 (hereinafter referred to as „the DUSIB Act‟) and Order dated 01.02.2021 was passed by the Deputy Director (JJR), DUSIB, directing the Appellant to vacate the premises in question and handover the peaceful physical possession to the Executive Engineer, C-6, DUSIB.

vii. The said order was challenged by way of an appeal and the Director (JJR), DUSIB vide Order dated 06.08.2021 upheld the Order dated 01.02.2021 passed by the Deputy Director. The Appellate Authority upheld the findings that the condition of allotment did not permit sale/purchase or change of hands in any manner and the persons who were allotted the shops were only the licencees and they were neither the owners nor did they have any right to transfer the shops.

viii. The said order was challenged before the Lt. Governor by filing an appeal under Section 45 of the DUSIB Act and the Lt. Governor vide Order dated 13.07.2022 upheld the order passed by Director (JJR), DUSIB.

ix. Before the Lt. Governor, it was contended that the DDA had brought out a policy for conversion of lease hold rights to free hold rights and the Appellant herein must be permitted to convert the property from lease hold to free hold. It was stated that the shop in question was allotted in the year 1976 under the EWS Category in Block-4, Dakshin Puri Extn. Delhi. It was stated that on 11.06.1984, the Ministry of Work and Housing, Govt. of India had recommended to the Union Territory of Delhi for grant of perpetual lease hold rights in respect of residential tenements constructed in Delhi under slum clearance scheme. It was stated that since the Appellant is similarly situated inasmuch as the property in