VISHWA MITTER THUKRAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner is the owner of shop-cum-flat No. 137, Sarojini Nagar Market (SNM?), New Delhi. He filed this writ petition on 15 th September 2005 seeking the quashing of a demand dated 24 th August 2005 raised by the Land & Development Office (L&DO?) in the Ministry of Urban Development (MoUD?), Nirman Bhawan, New Delhi, Government of India, calling upon him to pay misuse charges, damage charges for unauthorized construction and ground rent for grant of conversion of the property from lease hold to free hold. The Petitioner further challenges the breach notices dated 2 nd June 2004 and 27 th August 2005 issued by the L & DO. The Petitioner also seeks a direction to the Respondents to process the Petitioner?s application for conversion from leasehold to freehold and execute the necessary conveyance deed in favour of the Petitioner in respect of the said shop-cum-flat No. 137, SNM, New Delhi.

(2.) On 22 nd September 2005, Mr. Deepak Khadaria, learned counsel for the Petitioner informed the Court that without prejudice to his rights and contentions, he was prepared to pay the amount demanded by way of demand letter dated 24 th August 2005 for the conversion to take place. At the next hearing on 3 rd October 2005, while directing notice, this Court recorded the fact that a sum of Rs. 1,81,041/- had been brought to the Court by the learned counsel for the Petitioner. The Respondent was restrained from cancelling the lease of the Petitioner on the ground of non-payment of the demand.

(3.) During the pendency of the writ petition, SNM fell within the jurisdiction of the New Delhi Municipal Council (NDMC?). Consequently, the Petitioner filed CM No. 9670 of 2006 to implead the NDMC in place of the L & DO. This application was allowed by an order dated 17 th November 2006 and the amended memo of parties was taken on record. A statement was made in the Court on 20 th May 2008 that NDMC was adopting the counter affidavit already filed by the L & DO. The parties have thereafter filed certain additional documents.