KAMLA RANI Vs. DDA

JUDGEMENT

(1.) The present petition is filed by the petitioner praying inter alia for quashing the communication dated 27.10.2010 and 12.11.2010 issued by the respondent/DDA rejecting her application for conversion of leasehold rights into freehold in respect of property measuring 325 sq. mtrs. situated at Plot No. 7, Pocket-I, Block-A, Sector-29, Rohini Residential Scheme, Rohini, Delhi and for further directions to respondent/DDA to convert the lease hold rights of the subject premises to free hold. Though pleadings in the matter are complete, during the pendency of the present petition, the petitioner has filed an application registered as C.M. No. 17620/2011 stating inter alia that the subject property was originally allotted to one Sh. Dal Chand, who had expired on 27.05.1998. He was survived by his wife, 5 sons and 3 daughters. One of the legal heirs of Dal Chand, namely, Sh. Sri Niwas had pre-deceased Dal Chand. All the legal heirs of Late Sh. Dal Chand except the legal heirs of late Sh. Sri Niwas relinquished their undivided share in the said property in favour of one of the sons of Late Sh. Dal Chand, i.e, Sh. Harish Chand Sharma, by executing a registered Relinquishment Deed dated 29.09.2005. Thereafter, the respondent/DDA had mutated the plot in favour of Sh. Harish Chand Sharma and the legal heirs of Late Sh. Sri Niwas, namely, Smt. Kamlesh, Master Sagar Sharma and Ms.Monika Sharma vide letter dated 14.08.2006.

(2.) On 23.04.2007, the respondent/DDA also executed a perpetual lease deed in favour of Sh. Harish Chand Sharma, Smt. Kamlesh, Master Sagar Sharma and Ms. Monika Sharma. Subsequently, the aforesaid parties, namely, Sh. Harish Chand Sharma and Smt. Kamlesh for herself and on behalf of her minor children agreed to sell the subject plot to the petitioner by executing a set of documents including Agreement to Sell, GPA, SPA etc. which was registered in the office of Sub-Registrar on 23.04.2007.

(3.) Thereafter, on 31.03.2008, the petitioner had applied for conversion of the subject plot from leasehold to freehold. The said request was, however, rejected by the respondent/DDA on the ground that the property has been sold without protecting the rights of the minors and hence, the documents executed by the co-lessee were invalid.