UNION OF INDIA Vs. DEV RAJ GUPTA

JUDGEMENT

(1.) This appeal raises some questions which are important both for the Delhi Administration as well as for their lessees of land. Shortly stated, the questions involved are:(a) what constitutes an application for permission to convert the user of the land (b) from which date the conversion charges are leviable and (c) from which date interest is chargeable on the conversion charges

(2.) The land involved in the present case is at 20, Barakhamba Road, New Delhi and admeasures about 0.956 acre. It was leased by the Governor General in Council to one Smt. Rama Bai on November 17, 1931. The regular lease-deed was drawn up in.1938. It was a perpetual lease given on a premium of Rs. 8,000/- at the annual rent of Rs. 400/- Smt. Rama Bai constructed a residential building on the land. On May 20, 1938, Smt Rama Bai assigned the lease in favour of Smt. Leelawati who died on November 6, 1969. The interest in the lease devolved on respondents 1-4 and one Hans Raj Gupta and their names were mutated in the record of rights as is evidenced by the Government Memo of November 21, 1977. Hans Raj Gupta died on July 31, 1985. Respondents 5-11 are his heirs and legal representatives. It appears that Hans Raj Gupta had left a will. It is the subject matter of probate proceedings in Suit No. 62 of 1985 which is being contested. If the will is probated then share of the late Hans Raj Gupta will devolve upon respondents 6-9; otherwise, it will devolve on all his heirs, viz., respondents 5-11. For the purpose of the questions to be answered in this appeal, we are not much concerned with the devolution of property after the death of late Hans Raj Gupta.

(3.) In September 1962, the Delhi Development Authority prepared a Master Plan for Delhi under Section 7 of the Delhi Development Act, 1957 (hereinafter referred to as the "Act').