USHA KUMAR Vs. UOI

JUDGEMENT

(1.) The property bearing No. A-68, Shivalik, New Delhi admeasuring 218 sq.yds i.e. about 180.27 sq. mtr. (the said property) was perpetually leased out in favour of Shri S.K. Bajaj, son of Shri Devi Das vide perpetual lease deed dated 20.11.1990 executed by the Rehabilitation Division. Shri S.K.Bajaj executed a General Power of Attorney in favour of the petitioner on 13.01.1992. He also executed his last will in respect of the said property in favour of the petitioner. The possession of the property was handed over to the petitioner by Shri S.K. Bajaj. Thereafter, the petitioner raised construction of a residential house and since then she has been living therein with her family. The respondent came out with a policy for conversion from leasehold rights into freehold rights in respect of residential plots admeasuring upto 500 sq.mt. In the "Introduction" of the said policy, the Govt. stated as follows:-

(2.) The property which were eligible for conversion were described as follows:-

(3.) The property in question is admeasuring less than 500 sq.mtrs., and falling in residential colony is therefore, eligible for conversion. Under the heading, "Who can apply?", it was stated that, apart from the recorded lessees, General Power of Attorney holders could also apply for conversion. Clause 3.2 is relevant in this regard and read as follows:-