KULDEEP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by the Division Bench dismissing the Letters Patent Appeal filed by the appellant. The Division Bench dismissed the Letters Patent Appeal filed against the orders passed by the learned Single Judge in Writ Petition (Civil) No.7990/2002 decided on 3.12.2004. The basic issue was whether sub-division of land was permissible. The prayer in the writ petition was that direction be issued to the Delhi Development Authority (in short DDA) to sanction conversion of the appellants share in the plot from leasehold to freehold. Stand of the appellant was that he was a co-sharer. Since lessee is permitted to assign a part of premises, it was stated that prayer is acceptable. Reliance was placed on Clause 11 of the Indenture dated 22.8.1919 to contend that lessee is permitted to assign even part of the demised premises.

(3.) Learned Single Judge was of the view that if prayer is granted it would amount to a direction to amend the layout plan. It would also have the effect of upsetting development control and planning norms. With reference to Delhi Development Authority Act, 1957 (in short the Act) it was observed that the said Act envisaged preparation of a Master Plan, Zonal Development Plan and at the lowest level of planning the layout plan. Development Code under the master plan reveals that in the layout plan as prepared, individual plots stand earmarked. Building control norms apply in the context of an individual plot. Sub-division cannot take place until and unless lay out is amended.