MADAN LAL ARORA Vs. UOI

JUDGEMENT

(1.) ISSUE Rule. Mr. Gaurav Duggal, Advocate accepts notice of rule. With consent of counsel for parties, the matter was heard finally for disposal. The writ petitioner seeks a direction to the respondent (hereafter called "landdo") to convert the Suit property, i. e. no. 57/14, Old Rajinder Nagar into freehold, from leasehold.

(2.) THE facts which are not in dispute are that the Suit property, which measures 85. 90 square metres was allotted on 02. 12. 1964 to one Dharam Pal. The said allottee transferred the property to Mr. Madan Lal Arora, through a registered sale deed dated 31. 08. 1966; the mutation was permitted in his favor on 31. 08. 1968. He applied for conversion of property into freehold on 13. 10. 2005. The conversion sought for from leasehold into freehold was in terms of a policy announced through the office of the Landdo in June, 2003. The guidelines and conditions for entertaining such requests and grant of such relief were indicated in the brochure. Certain portions of the conditions, couched in question and answer form are relevant for the purpose of this case. They are extracted below:

(3.) THOUGH originally, when the writ petition was filed, the dispute pertained to certain other issues, with regard to the kind of documents sought by the Landdo and so on, as on date, the only objection to the conversion concededly is a demand made to the petitioner on 09. 02. 2007 for rs. 8,14,921/ -. This demand was issued by the Landdo requiring him to deposit the amount towards damages for unauthorized construction. The period-wise break-up right from 1971 has also been indicated in the said demand. The same is as follows: <FRM>JUDGEMENT_412_ILRDLH19_2009Html1.htm</FRM>