[Cites 0, Cited by 0]
Delhi High Court
Mukesh Gupta And Ors vs Delhi Development Authority on 10 April, 2026
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~7 (Appellate)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 344/2019
MUKESH GUPTA AND ORS. .....Petitioners
Through: Mr. Puneet Sharma, Adv.
versus
DELHI DEVELOPMENT AUTHORITY .....Respondent
Through: Mr. Sanjay Katyal, SC with Mr.
Gaganmeet Singh Sachdeva, Mr. Harshpeet
Singh Chadha and Mr. Hridyesh Khanna,
Advs. for DDA
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
JUDGMENT (ORAL)
% 10.04.2026
1. This is an application seeking adjournment of the matter which
has been rendered infructuous and is accordingly disposed of.
CM APPL. 33750/2023 & REVIEW PET. 172/2023
2. Learned Counsel for the review petitioner seeks some time to
acquaint himself with the matter.
3. Re-notify on 24 April 2026.
4. We have heard Mr. Sharma, learned Counsel for the review
petitioner, at considerable length.
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5. the judgment dated 6 January 2020, rendered by me in WP (C)
344/2019, of which review is sought, held that the petitioners came
into possession of the lands in question under General Powers of
Attorney1 executed in breach of the original allotment letters which
were issued to persons in impecunious circumstances, prohibiting
further lease or transfer of the land.
6. I had taken the view, therefore, that without proper permission
of the DDA, such GPAs could not have been executed and the GPA
holders could not, therefore, seek a right of conversion of the land
from lease hold to free hold.
7. Mr. Sharma's fundamental argument is that the decision is
contrary to the existing legal position.
8. He has first drawn my attention to a circular dated 28 April
1994, issued by Land Division, Ministry of Urban Development
which read as under:
"No. H-11017/26/93-LD
Government of India
Ministry of Urban Development
(Land Division)
Dated: the 28th April, 1994
To
Shri S. Roy,
Commissioner (LD)
Delhi Development Authority,
1 "GPA", hereinafter
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KUMAR HARI SHANKAR
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Vikas Sadan,
New Delhi.
Sub: - Conversion of leasehold rights into freehold.
I am directed to refer to the correspondence resting with
your letter No. 27(7)/73-Lab. - Res dated 28.2.94 on the above
cited subject and to say that the matter has been examined further
but keeping in view the fact that decision to allow conversion in
respect of properties as have changed hands on the basis of General
Power of Attorneys, after recovery of surcharge at 1/3rd of the
conversion fee, having been taken with the approval of Cabinet to
bring such transactions to surface and avoid uncertainty about such
transactions as had taken place, it would not be justified to insist on
payment of unearned increase in such cases.
2. Further, it is a conscious decision taken with the approval
of the Cabinet as clarified earlier also that conversion to freehold
should be allowed in such cases after recovery of restoration
charges and the surcharge as per the scheme. To deny this benefit
would result in giving benefit to the law avoiding citizens who had
not reported transactions. Such a situation cannot be justified.
Moreover, the course of action suggested by you would not stand
to legal scrutiny as advised by the legal experts. Therefore, in
allowing conversion no financial loss or undermining the position
of the lessor is involved rather this would result in transparent
transactions and help the lease administering authorities and others
in realising dues.
3. In this regard it may not be out of place to mention that
these issues were discussed threadbare in the meeting held in the
Ministry and attended by the representatives of the DDA.
Decisions taken were after due consideration of all facts including
decision of the Cabinet in this regard. Hence DDA should not have
raised the same issues time and again go ahead as per
guidelines/clarifications issued by the Ministry.
4. You are, therefore, requested to allow conversion in such
cases without further delay and avoid harassment to the applicants
who had made applications in this regard.
Yours faithfully,
Sd/-
(B.R. DHIMAN)
Under Secretary to the Govt. of India"
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9. The above circular does not, in any manner, state that a GPA
holder, who has come into possession of the land in violation of the
covenants of the original allotment letter, would be entitled, on the
basis of the GPA, to seek conversion of the land from lease hold to
free hold.
10. Mr. Sharma, thereafter, has referred me to a legal opinion by
one of the legal advisors of the department, which is under cover of a
letter dated 13 August 1993. Such a legal opinion, irrespective of its
correctness, cannot, to my mind, constitute a basis to review the order
of which review is sought.
11. Mr. Sharma thereafter has referred me to circular dated 9 April
2008, issued by the Office of Commissioner (LD), DDA, of which the
following covenants / clauses are relevant:
"In supersession of this office circular No. F26)1)07/Coordn (LD)/
24 dated 31st March, 2008, revised circular is as follows: -
The conversion policy was formulated by MOUD in 1992
and circulars on the subject have been issued from time to time by
DDA. In order to streamline the process of conversion cases, the
gist of relevant instructions issued from time to time with
necessary clarifications are re-produced below:
*****
[b] Conversion of leased properties irrespective of any building
violations or use violations will be allowed and a letter will be sent
to MCD or Building Department of DDA for taking appropriate
action s per rules.
*****
[e] In the cases where allotment has been cancelled or lease has
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been determined on account of unauthorized sale, conversion will
be allowed after obtaining approval of Competent Authority for
restoration of allotment/lease deed and on recovery of Restoration
Charges.
[f] If lease has been determined and allotment has been
cancelled on account of unauthorized construction and misuse, the
lease will be restored without insisting on removal of breaches and
conversion will be allowed subject to payment of all penal charges.
This will also be applicable in the cases wherein GPA and
Agreement to sell has been executed after determination of lease
deed or cancellation of allotment. (As modified vide circular no.
F.26 (1) 07/Coord/LD/06 dated 9.2.2009)
*****
[h] In the cases where lease have been determined or allotment
have been cancelled after the date of GPA or Agreement to Sell,
conversion may be allowed subject to recovery of restoration
charges and other dues payable by the lessee.
*****
[n] Where a Show Cause Notice is issued for unauthorized sale
for committing breach of terms and conditions of the lease deed
and thereafter, conversion application is received from the GPA,
the Show Cause Notice shall be deemed to be withdrawn and
conversion applications be processed."
12. None of the aforesaid clauses hold that a person who has come
into possession of the land under a GPA executed in breach of the
proscription against further transfer of the land contained in the
original allotment letter, can seek conversion of the land from lease
hold to free hold.
13. Mr. Sharma has placed on record a compilation of as many as
39 judgments which are stated to be dealing with the conversion
policy. He has referred me to some such authorities. I do not find that
any of the said decisions, to which Mr. Sharma has drawn my
attention, rendered by Division Benches of this Court or by the
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Supreme Court, hold in any unambiguous terms that a person who has
come into possession of the land under a GPA in breach of a
proscription contained in the original allotment letter, proscribing
further transfer, can seek conversion of the land from lease hold to
free hold.
14. Even otherwise, it is well settled that a review petition cannot
be an attempt to argue the entire writ petition again wholesale.
15. The very fact that the petitioner is seeking to rely on 39 judicial
authorities in order to exhort this Court to review its judgment clearly
indicates that no case for review exists.
16. Other issues raised in the review petition, according to me, do
not fall within the scope of review.
17. The review petition is accordingly dismissed.
C. HARI SHANKAR, J.
APRIL 10, 2026/aky
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