Kamla Rani vs Dda
2012 Latest Caselaw 2262 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+           W.P.(C) 7830/2010 & C.M. No.17620/2011


                                       Date of Decision: 9th April, 2012

IN THE MATTER OF:

KAMLA RANI                                            ..... Petitioner
                        Through:    Mr. R.K. Saini, Adv.


                  versus


DDA                                                 ..... Respondents

                        Through:    Mr.Ajay Verma, Adv.


CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI


:     HIMA KOHLI,J (Oral)

1. The present petition is filed by the petitioner praying inter alia

for quashing the communication dated 27.10.2010 and 12.11.2010

issued by the respondent/DDA rejecting her application for conversion

of leasehold rights into freehold in respect of property measuring 325

sq. mtrs. situated at Plot No.7, Pocket-I, Block-A, Sector-29, Rohini

Residential Scheme, Rohini, Delhi and for further directions to

respondent/DDA to convert the lease hold rights of the subject

premises to free hold.

2. Though pleadings in the matter are complete, during the

pendency of the present petition, the petitioner has filed an application

registered as C.M. No.17620/2011 stating inter alia that the subject

property was originally allotted to one Sh. Dal Chand, who had expired

on 27.05.1998. He was survived by his wife, 5 sons and 3 daughters.

One of the legal heirs of Dal Chand, namely, Sh. Sri Niwas had pre-

deceased Dal Chand. All the legal heirs of Late Sh. Dal Chand except

the legal heirs of late Sh. Sri Niwas relinquished their undivided share

in the said property in favour of one of the sons of Late Sh. Dal Chand,

i.e, Sh. Harish Chand Sharma, by executing a registered

Relinquishment Deed dated 29.09.2005. Thereafter, the

respondent/DDA had mutated the plot in favour of Sh. Harish Chand

Sharma and the legal heirs of Late Sh. Sri Niwas, namely, Smt.

Kamlesh, Master Sagar Sharma and Ms.Monika Sharma vide letter

dated 14.08.2006.

3. On 23.04.2007, the respondent/DDA also executed a perpetual

lease deed in favour of Sh. Harish Chand Sharma, Smt. Kamlesh,

Master Sagar Sharma and Ms. Monika Sharma. Subsequently, the

aforesaid parties, namely, Sh. Harish Chand Sharma and Smt.

Kamlesh for herself and on behalf of her minor children agreed to sell

the subject plot to the petitioner by executing a set of documents

including Agreement to Sell, GPA, SPA etc. which was registered in the

office of Sub-Registrar on 23.04.2007.

4. Thereafter, on 31.03.2008, the petitioner had applied for

conversion of the subject plot from leasehold to freehold. The said

request was, however, rejected by the respondent/DDA on the ground

that the property has been sold without protecting the rights of the

minors and hence, the documents executed by the co-lessee were

invalid.

5. Counsel for the petitioner states that during the pendency of the

present proceedings, one of the minors, namely, Master Sagar Sharma

who had attained majority on 26.02.2008, executed a Disclaimer Deed

dated 10.02.2011 in favour of the petitioner, which was duly

registered in the office of the Sub-Registrar. A copy of the said

Disclaimer Deed has been enclosed with C.M.No.17620/2011. As

regards the second minor child, Ms. Monika, it is stated that her

mother, Smt. Kamlesh had approached the District Judge for

permission to sell her share to the extent of 1/36th in

the subject premises which was duly granted vide order dated

28.09.2011 passed by the District Judge, Rohini Court. A copy of the

aforesaid order is also enclosed with C.M.No.17620/2011.

6. In the light of the aforesaid subsequent events, counsel for the

petitioner states that respondent/DDA be directed to re-consider the

application of the petitioner for conversion of leasehold rights in the

subject premises into freehold.

7. Counsel for the respondent/DDA states that respondent/DDA has

no objection to re-consider the request of the petitioner in the light of

the subsequent developments subject to the petitioner producing

before the Director (Residential Land), DDA, a certified copy of order

dated 28.09.2011 passed by the District Judge, Rohini Court as also

the original of the Disclaimer Deed dated 10.02.2011 annexed with

C.M.No.17620/2011.

8. In view of the aforesaid facts and circumstances, it is deemed

appropriate to set aside the impugned letters dated 27.10.2010 and

12.11.2010 issued by the respondent/DDA and dispose of the present

petition along with pending application with directions to the petitioner

to appear before the Director (Residential Lands), DDA on 20.04.2012

at 3:00 p.m. along with relevant documents in support of his request

for conversion of the subject plot from leasehold to freehold, as per

law. The said request of the petitioner shall be re-considered by the

aforesaid officer on the basis of the subsequent events and the

documents that may be furnished by the petitioner and a fresh order

shall be passed thereafter within a period of four weeks from the date

of granting a hearing to the petitioner, under written intimation to her.

In case the petitioner is aggrieved by the order that may be passed by

the Competent Authority, she shall be entitled to seek her remedies as

per law.

9. The petition is disposed of.

Dasti to the respondent/DDA.

(HIMA KOHLI) Judge APRIL 09, 2012 'anb'