DELHI DEVELOPMENT AUTHORITY Vs. PREM NATH SAROOP

JUDGEMENT

(1.) AN open auction was held by the appellant/DDA on 29.11.1971 in respect of certain plots and late Shrimati Sharda Devi was the successful bidder in respect of plot No. 157, Block B -5, Safdarjung Residential Scheme, New Delhi, measuring 216.67 sq. yds. A perpetual lease deed was executed in her favour on 28.11.1973 crystallizing her rights in the plot. A residential building was constructed on the plot and the building was occupied by her, her husband and children for their residence. Shrimati Sharda Devi passed away on 2.6.1988. The respondent is her husband. The respondent applied to the appellant for substitution of his name as a perpetual lessee in the record of the appellant vide letter dated 3.1.1989.

(2.) A show cause notice dated 30.5.1991 was issued to the respondent as to why the lease deed in respect of the said property may not be determined and the possession of the plot, building and structure standing thereon be not taken without compensation. The stated cause for issuance of show cause notice as set out was that late Shrimati Sharda Devi in her duly attested affidavit dated 30.11.1971 had stated that neither she nor her husband and dependent relations including unmarried children were in full or part ownership of any freehold or leasehold residential plot or house in the urban area of Delhi or Delhi Cantonment. This affidavit is stated to be false on account of the fact that late Shrimati Sharda Devi was already owner of land measuring 140 sq. yds., bearing No. 245, Arjun Nagar, Humayunpur, Delhi. The respondent sent a reply to the show cause notice dated 29.6.1991. In the reply, it was stated that the plot in question was acquired for the DDA by issuing a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act) on 3.9.1957. The notification under Section 6 of the said Act was issued on 20.2.1962 followed by award No. 1662. This plot, thus, stood acquired for the planned development of Delhi and thus it was claimed that late Shrimati Sharda Devi was not owner of any property as on 29.11.1971 when she had signed the affidavit. Not only that the DDA agreed to allot an alternative plot to late Shrimati Sharda Devi in lieu of the Arjun Nagar property on the basis that the house on the plot was demolished which was located on acquired land and that thus she was entitled to a leasehold plot No. B7/ Extension/63 Safdarjung Enclave, New Delhi and not to a freehold plot as per the then prevailing policy. The lease deed had been executed on 28.11.1973. The show cause notice had also made a reference to an affidavit dated 6.9.1986 affirmed by Shrimati Sharda Devi and it was thus clarified that the registration is in respect of a leasehold plot No. B -7/Extension/63 Safdarjung Enclave, New Delhi and not in respect of the property in question. A further aspect clarified was that plot No. B -7/Extension/63 Safdarjung Enclave, New Delhi was granted in terms of the policy decision of the Government of India to those who had been dispossessed by the administrative decisions of DDA during the course of demolitions carried out without prior notice during the emergency period in 1975 -76 which had nothing to do with the ownership of other properties. The grant under the policy was not conditional on not having any other property but the only pre -requisite was that the residential house of the allottee had been demolished during the relevant period.

(3.) THE respondent applied for conversion of the leasehold right into freehold as per the conversion policy of the appellant on 26.12.1999. The conversion did not materialize and thus the respondent sent a reminder on 15.7.2003. Instead of converting the property from leasehold to freehold, a notice for cancellation of the lease was issued on 12.1.2004 by the appellant in pursuance to an order dated 8.12.2003 of the Lieutenant Governor. The respondent naturally aggrieved by the same made representations and so did his son but the representations were rejected on 12.4.2005 followed up by a show cause notice being issued by the Estate Officer appointed by the DDA under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 on 26.4.2005. The respondent thereupon filed a writ petition, being WP (C) No. 9074/2005, in this Court which has been allowed in terms of the impugned order dated 24.4.2006.