VIJAYA C GURSAHANEY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner, who says that lease hold rights of plot be a ring No.D-3,Community Centre,Naraina,NewDelhi, devolved upon her under a Will executed by its lessee, challenges the demand raised by respondent-Delhi Development Authority (for short 'the DDA') towards 50% unearned increase in the value of the landfour the purpose of transferring leasehold rights in her favour, and petitioner further seeks a direction that the plot be transferred in her name without payment of any unearned increase, and that necessary mutation be made in the records of the D.D.A. In the alternative,it is prayed that in case the petitioner is liable to pay 50% unearned in crease, it should be on the basis of the value or the rate of land prevalent on 8 May 1980 when the petitioner applied for transfer of the leasehold rights of the plot in her favour.

(2.) There are two respondents. First respondent is the D.D.A., a body constituted under the Delhi Development Act, 1957, and the second respondent is the Deputy Director (CD in the office of the D.D.A. By a subsequent order. Union of India through the Secretary, Ministry of Urban Development, was also impleaded as a respondent No.3.

(3.) Ram Dhan was the original lessee having perpetual leasehold rights in the plot inquestion. He executed a Will dated 26 October 1977 bequeathing the leasehold rights in the plot in favour of the petitioner. Ram Dhan died. The petitioner applied to the court of the District Judge,Delhi,for grant of Letters of Administration with copy of the Will annexed. On 7 May 1980 the District Judge granted her the necessary Letters of Administration. On 8May 1980 she wrote to the Deputy Director (Commercial), DDA, respondent No.2, that Shri Ram Dhan had executed a Will in her favour, and that she had taken out Letters of Administration in her favour. She, therefore, wanted the leasehold rights of the plot to be transferred in her name.