JAGJIT SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) VIDE Communication of 5th January, 2012 (Annexure P-24) respondent has deferred the conversion of Plot No.26, Pocket 5A, Sector 25, Rohini, Delhi (henceforth referred to as subject premises) from leasehold to freehold while requiring petitioner to first obtain permission of sale from competent court in respect of sale of subject premises by or on behalf of mentally ill person.

(2.) CHALLENGE to aforesaid impugned Communication (Annexure P- 24) is on the basis of medical certificate of 13 th August, 1999 (Annexure P-1) declaring that one of the sellers of subject premises i.e. Mukesh son of Late Narain Singh is suffering from severe degree of mental retardation i.e. 75%, which excludes applicability of The Mental Health Act, 1987 as the definition of 'mentally ill person', specifically takes out of its purview 'mental retardation'.

(3.) MENTAL illness, as defined in Section 2(l) of The Mental Health Act, 1987 reads as under:-