BAHIA PROPERTIES (P) LTD Vs. NDMC

JUDGEMENT

(1.) The petitioner claiming to have purchased the Flat No.G-3, 1 Hailey Road, Upasana Building, New Delhi from Sh. Rajender Singhal and Sh. Narender Singhal has filed this writ petition seeking direction to the respondent NDMC to mutate/transfer the said flat in its records in the name of the petitioner. It is the case of the petitioner that inspite of the application of the petitioner and payment of transfer charges by the petitioner to the respondent NDMC, the NDMC has wrongfully and illegally not mutated the flat in the name of the petitioner till now.

(2.) The emphasis of the counsel for the petitioner is on Section 74(1) of the New Delhi Municipal Council Act, 1994 which is as under:

(3.) The counsel for the petitioner has urged that under the aforesaid provision, even if no instrument of transfer is executed, the transferee is required to give notice of transfer and upon such notice having been given, respondent NDMC is obliged to transfer/mutate property in its record in the name of the applicant.