RAMJI DASS GUGLANI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The partition of 1947 resulted in the influx of large number of refugees who were rehabilitated and settled in Delhi under various re-settlement schemes, one such scheme being in Guru Teg Bahadur Nagar, Kingsway Camp, Delhi. One late Shri Iqbal Rai was one such person and was granted leasehold rights in respect of a plot/tenement measuring 50 sq.yds. bearing No. B/28, Outram Lines, Kingsway Camp, Delhi. A lease deed and conveyance deed for structure thereon were executed on 30th May 1968 and were duly registered being effective from 1st October 1955, The relevant clause of the said lease deed dealing with the issue of transfer is as under:

(2.) In the year 1960, respondents No.2 and 3 formulated a scheme of redevelopment of various localities within Kingsway Camp area which was-executed by respondent No.3 up to 1976 and thereafter by respondent No.1/ DDA. It was once again transferred to respondent No.3/MCD in April 1978 but was again transferred to respondent No.1 in May 1981 and the same position continued thereafter. The persons in Outram Lines, as a consequence of this redevelopment, were to be shifted to various areas in transit camps to be finally given allotment of specific plots and a draw of lots was held for the said purpose in May 1970 when plot No. 2429, Hudson Lines was allotted to Shri Iqbal Rai. Since the claim was being implemented in a phased manner, Shri Iqbal Rai was not handed over possession of the plot in question till 1981 when Shri Iqbal Rai decided to sell the rights in the plot in question and applied on 22nd June 1981 to the L&DO, respondent No.2 for grant of permission. TNs was so as in terms of the lease deed only permission was required and no unearned increase had to be charged for the first transfer. However, no decision was taken on the application and Shri Iqbal Rai entered into an agreement to sell in favour of the petitioner on 19th December 1981. Simultaneously, Shri Iqbal Rai executed a will in favour of the petitioner and also executed two GPAs and one SPA in favour of Shri Harbans Lal, brother of the petitioner and certain other documents were also simultaneously executed.

(3.) A response to the said application was received almost three years later on 3rd December 1984 from L&DO asking the petitioner to obtain permission for the said transfer from the DDA. The petitioner thus made an application on 16th September 1985 to the DDA.