RAMESH KUMAR Vs. D D A

JUDGEMENT

(1.) THE challenge to the cancellation of the lease of Plot No.TU-19, Pitampura, New Delhi (hereinafter referred to as the subject premises) and to the proceedings initiated under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 was raised by the petitioner in the earlier round of litigation, i.e., in W.P.(C) No. 3944/2001, which alongwith other such petitions was heard and vide interim order of 7th March, 2003, (Annexure F), respondent - DDA was directed to process the application for conversion from leasehold to freehold, upon deposit of restoration/misuse charges. However, W.P.(C) No. 3944/2001 of the petitioners was dismissed for non- prosecution on 14th November, 2003.

(2.) PETITIONERS claim to be ignorant of the dismissal of their earlier writ and assert that they were pursuing their application for conversion of the subject premises from leasehold to freehold. According to the petitioners, their application (Annexure G) seeking conversion of the subject premises from leasehold to freehold made to the respondent - DDA in November, 2003 is stated to be pending despite petitioners depositing a sum of RS.3,00,000/- with respondent - DDA in December, 2007 in respect of the application (Annexure-G).

(3.) WHILE relying upon orders of 14th November, 2003 passed in W.P.(C) No. 1460/2001, titled as Vijay Gulati vs. DDA; W.P.(C) No. 3944/2001, titled as Devinder Bansal vs. D.D.A. & Ors.; W.P.(C) No. 3935/2001, titled as R.K.Gupta vs. D.D.A. & Ors; and the decision in Ram Lal Sachdev vs. Smt.Sneh Sinha, 83(2000) DLT 141, it was submitted by learned counsel for the petitioners that conversion of DDA's leasehold properties to freehold, even if re-entered, is permissible and therefore, by reviving the proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 against the petitioners, respondent - DDA cannot make the petitioners' pending application (Annexure-G) seeking conversion of the subject premises from leasehold to freehold, infructuous.