LAWS(DLH)-2011-7-529

KULDEEP SINGH Vs. DDA

Decided On July 25, 2011
KULDEEP SINGH Appellant
V/S
DDA Respondents

JUDGEMENT

(1.) THE Petitioner seeks mandamus to the Respondent DDA to execute Lease Deed in his favour in respect of land/property in his possession in the Revenue Estate of Village Kishan Garh, Mehrauli, New Delhi in accordance with the Policy framed in the year 1969 by the Chief Commissioner. It is the case of the Petitioner that the Respondent DDA has for wrongful reason recorded in the order dated 9th February, 2007 rejected the representation of the Petitioner for execution of the Lease Deed.

(2.) IN the counter affidavit though it is admitted that there was a proposal in 1969 to regularize the said colony and to execute Lease Deeds in favour of persons as per the survey conducted but the admitted position is that in pursuance to the said proposal no Lease Deeds in favour of any person were executed. The counsel for the Respondent DDA states that since then the proposal has also been effectively abandoned and the said colony is one of the unauthorized colonies to be dealt in accordance with 2008 Regulations.

(3.) I am of the opinion that the findings in the said order, being in pursuance to the proposal of 1969 which has been effectively abandoned, are of no avail. Thus need is not felt to adjudicate the said challenge by the Petitioner. The counsel for the Respondent also states that irrespective of the order dated 9th February, 2007, the claims of the Petitioner and the colony for regularization are to be governed in accordance with the 2008 Regulations.