KARAN LUTHRA Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India, 1950, inter alia, seeking the following reliefs:-

(2.) The case of the petitioner shorn of unnecessary details is as under:-

(3.) Mr. Rajesh Yadav, learned Senior Counsel appearing for the petitioner submits that the bhumidhari rights of the lands which are subject matter of the present petition, were granted to 32 individuals under the dtd. 24/6/1985 by the Revenue Assistant. He submits that by reading of the said order, it is clear that there were no restrictions or fretters on the further transfer of lands, and as such, it was an unconditional order. Learned Senior Counsel submitted that once the bhumidhari rights were transferred unconditionally to such individuals, the said individuals further transferred their rights of ownership to Mr. Vinod Luthra, the brother of the petitioner by virtue of registered sale deeds dtd. 5/3/1987, 12/3/1987 and 20/3/1987. These sale deeds were registered only after the concerned Revenue Authorities/LAC Authorities had issued LSR/NOC way back in the year 1987. Even the lands were mutated in the name of Mr. Vinod Luthra consequent upon the aforesaid transactions. Learned Senior Counsel contends that once the order under Sec. 74(4) of the DLR Act was passed without any conditions coupled with the registered sale deeds by virtue whereof the bhumidhars had transferred their rights upon the issuance thereof LSR/ NOC by the concerned authorities, that too in the year 1987, it does not lie in the mouth of the respondents, particularly respondent no.2 to refuse the same now on the ground of an objection under Sec. 74(4) of the DLR Act.