UNION OF INDIA Vs. EDWARD KEVENTER

JUDGEMENT

(1.) In this Letters Patent Appeal, the legal acceptability and pregnability of the order dated 6th May, 2010 passed by the learned Single Judge in WP(C) No.13872/2009 is called in question. Sans unnecessary details, the essential facts which are to be exposited are that the respondent-writ petitioner (hereafter referred to as the respondent-petitioner), M/s Edward Keventer (Successors) Pvt. Ltd. (EKSPL), invoked the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India for issue of a writ of certiorari for quashing the letter dated 3rd February, 1998 issued by the Land & Development Office (L&DO), Ministry of Urban Affairs & Employment, Government of India withdrawing the earlier letter dated 24th July, 1992 for the re-development of the property situate in Block No.48, Diplomatic Enclave, Sardar Patel Marg, New Delhi and the letter dated 25th August, 2009 issued by the L&DO disallowing the respondent?s application for change of land use from Dairy Farm to Residential Group Housing in respect of the property in question.

(2.) It was averred in the writ petition that on 16th October, 1920, the Secretary of State for Indian Council executed a perpetual lease deed in favour of one Edward Keventer of Aligarh Dairy Farm in respect of the property in question admeasuring 22.95 acres. On 3rd August, 1942, the said Edward Keventer assigned the aforesaid land to the respondentEKSPL. On 11th February, 1970, the respondent requested for permission to use the property in question for construction of ownership flats. It was pointed out that out of 22.95 acres, only 4 acres were used for the dairy farm. By communication dated 24th July, 1992, the L&DO granted permission for conversion of land use and the respondent was called upon to pay the conversion charges amounting to Rs.8.5 Crores approximately. By letter dated 5/6 August, 1992, the respondent conveyed the acceptance and paid Rs.2.8 Crores towards the part payment of the conversion charges. On 23rd November, 1992, the respondent was informed by the L&DO that it would be given one month?s extension to comply with the terms of conversion offered by the letter dated 24th July, 1992. Thereafter, certain correspondence went on between the parties regarding payment of the balance conversion charges. On 11th January, 1995, the Ministry of Urban Development, Lands Division, issued revised orders rationalizing and simplifying the conversion charges and other terms for group housing and/or commercial complexes. It is worth noting, on 30th January, 1995, the respondent applied for rationalization of conversion charges enclosing the calculations in terms of the said revised orders. A claim was put forth that it was entitled to refund of Rs.1,54,53,150.64 being the excess payment already made.

(3.) As certain cavil arose with regard to the conversion charges, by letter dated 3rd February, 1998, the present appellant withdrew the earlier letter dated 24th July, 1992 allowing the conversion of the land use to residential. Being dissatisfied with the said communication, the respondent preferred WP(C) No.3509/2001 and sought a mandamus to the appellants to re-compute the conversion charges as per their policy. On 31st May, 2006, the said writ petition was disposed of permitting the respondent to make a representation to the appellants for grant of No Objection Certificate for re-development without prejudice to the rights and contentions of the parties in the writ petition. The said representation was rejected by the appellants on 19th July, 2006 on the ground that there was a title dispute pending in respect of the said property. The respondent filed CM No.6470/2007 in the said writ petition seeking a direction to the appellants herein to compute the conversion charges. On 28th March, 2008, the conversion charges were computed at Rs.67,57,74,806/-. Eventually, the writ petition was disposed of on 22nd August, 2008 referring to the affidavit dated 28th March, 2008 filed by the L&DO. We shall refer to the said order at a later stage.