L.N. SONI Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER is aggrieved by letter dated 17.12.1999, Annexure-E, appearing at page 77 of the paper book, by which the petitioner's application for granting conversion of leasehold rights into freehold rights in respect of his flat over a shop has been declined. Respondents while declining the request for conversion stated that the amount of conversion fee, remitted alongwith the application would be refunded shortly.

(2.) PETITIONER has a lease in respect of residential flat No. 52, First Floor, Khan Market, New Delhi, which is in occupation of a tenant. There is a shop underneath. The position, therefore, is that as far as the plot is concerned shop on the ground floor is commercial while flat is residential.

(3.) BASED on the above, learned counsel submits that in fact the petitioner is obliged to get it converted from leasehold to freehold premises being a 'C' type tenement. On a reading of the policy, I am unable to agree with the petitioner. One essential ingredient, which runs through the entire policy is the purely residential character of the lease and built up properties on the plot. In this case, admittedly the premises have a ground floor, which is a shop for commercial use and the residential flat is only on the first floor. The request of the petitioner has been denied on the ground that there was presently no policy. Which covers conversion for leasehold rights of flats over shops. The shop on ground floor is commercial, while the first floor flat is residential. It cannot be said that the plot of which conversion is sought is wholly residential. The plot is an undivided one. Both would have undivided leasehold interest in the land underneath. It may be that the petitioner's lease in respect of the flat over the ground floor is a residential one. However, the policy of the DDA, which at present makes available the facility of conversion, is applicable only to purely residential units. It cannot be assailed, as being hit by Article 14 of the Constitution of India for not making a provision for conversion of flats over shops or of plots having built up portions, which are both residential and commercial. The writ petition has no merit and is dismissed in limine. Petition dismissed.