HAMDARD LABORATORIES Vs. DDA

JUDGEMENT

(1.) THE petition impugns the communication dated 10th March, 2010 of the respondent DDA intimating to the petitioner the rejection of the application dated 27th December, 2000 for conversion of flat No.J-202 in Taj Sartaj Co-operative Group Housing Society Ltd. at Link Road, Geeta Colony, New Delhi into freehold, for the reason of non-submission of the required documents/information. THE petition also seeks mandamus to the respondent DDA to convert the said flat into freehold.

(2.) NOTICE of the petition was issued. Counter affidavit has been filed by the respondent DDA to which a rejoinder has been filed by the petitioner. The counsels have been heard.

(3.) THE counsel for the petitioner has from the documents annexed to the petition demonstrated that the aforesaid three documents already stood supplied to the respondent DDA. THE proof of physical possession was supplied, in the form of a Ration Card of the officer/employee of the petitioner who had been allowed to reside in the said flat, undercover of letter dated 29th September, 2003 bearing acknowledgment of the same date of the R&D Cell of Vikas Sadan, at page 105A of the paper book. Similarly the undertaking sought is shown to have been furnished against receipt dated 19th September, 2008 issued by the respondent DDA at page 111 of the paper book. THE Resolution in favour of the officer of the petitioner who was to execute the Conveyance Deed is shown to have been submitted undercover of letter dated 16th September, 2008 in the form of a Power of Attorney in favour of Mr. Javed Akhtar, Law Officer of the petitioner. THE counsel for the respondent DDA is not able to controvert the aforesaid documents. No contravention thereof is also found in the counter affidavit of the respondent DDA.