SUMAN BANSI DHAR AND ORS. Vs. UOI

JUDGEMENT

(1.) The petitioners have filed the present petition, inter alia, impugning the demand raised by the respondent by a letter dated 19/27.01.2011 for conversion of the property bearing no.16, block No.48, Diplomatic Enclave, New Delhi from lease hold to free hold. The petitioners further pray that the respondent be directed to execute a conveyance deed in respect of the said property in favour of the petitioners.

(2.) The property bearing no.16, block No.48, Diplomatic Enclave, New Delhi, now known as 27, Sardar Patel Marg, Chanakyapuri, New Delhi- 110011 (hereafter the 'said property') was leased to one Shri Bansi Dhar and a perpetual lease deed dated 30.11.1971 was executed in his favour by the President of India through Land and Development Office, Delhi. Shri Bansi Dhar had applied for conversion of the said property from lease hold to free hold pursuant to the respondent's policy for such conversion. The application for conversion was accepted by the respondent. However, Shri Bansi Dhar expired prior to the execution of the conveyance deed for the said property. The petitioners, who are legal heirs of Late Shri Bansi Dhar, claim the benefit of the application filed by Late Shri Bansi Dhar as well as the conversion granted in his favour. The respondent on the other hand, contends that as Shri Bansi Dhar expired prior to the execution of the conveyance deed, the conversion of the said property in favour of the petitioners would have to be considered as a fresh case. According to the respondent, the petitioners are required to pay the conversion charges as per the current rates.

(3.) In the aforesaid circumstances, the controversy to be addressed is whether the petitioners are entitled to conveyance of the said property in their name pursuant to the conversion granted in favour of their predecessor, Late Shri Bansi Dhar.