R L SETHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner is aggrieved by the refusal of the Respondent to grant his prayer for conversion of the property at Plot No. 8, Site No. 7, New Rajinder Nagar, New Delhi from leasehold to freehold.

(2.) On 15th July 1996 the Petitioner was handed over possession of the property in question pursuant to the directions issued by the Supreme Court of India in IA No. 18 of 1985 in Writ Petition (Civil) No. 4677 of 1985. It must be mentioned that under the Gadgil Assurance Scheme, the Petitioner had been allotted property at Aram Bagh. Since the said property was a part of 11 plots which were on the ridge area the Petitioner was, in terms of the orders of the Supreme Court, required to vacate the Aram Bagh property and hand over possession of the said property subject to opting for the alterative plot, which was the property in question, allotted to him by way of draw of lots. In the meanwhile on 15th July 1996 the possession of the property in question was handed over to the Petitioner. On 30th January 1997 a lease deed was executed in terms of which the petitioner lessee was required to complete construction over the plot by 14th July 1998 and to furnish the completion certificate. Although the Petitioner was to hand over possession of the Aram Bagh property by 4th September 1996, he ultimately did so on 30th October 1999 in terms of a further order by the Supreme Court.

(3.) According to the Petitioner, he submitted the building plans to the Municipal Corporation of Delhi ('MCD') on 30th October 1996 for approval in respect of the construction to be raised on the property in question. This was even prior to the execution of the lease deed. On 18th September 1997 the building plans were sanctioned after a delay of 11 months. Although the Petitioner had time to complete the construction within two years from the date of sanction, he completed the construction on 18th November 1998 itself. A 'D' Form was issued on 19th November 1998.