Shri Om Prakash Mittal v. The Hon'Ble Lt. Governor Government Of NCT Of Delhi And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2618/2019 SHRI OM PRAKASH MITTAL ..... Petitioner Through:

Mr Mansoor Ansari and Mr Pawan Rana, Advocates.

versus THE HON'BLE LT. GOVERNOR GOVERNMENT OF NCT OF DELHI AND ORS.

..... Respondents Through:

Mr Varun Kumar Tikmani, Advocates for R-1 & 2.

Mr Sanjeev Uniyal with Mr Dhawal Uniyal, Advocates for R-4/UOI.

Mr Sumit Rana, Advocate for DSIIDC.

Mr Sanjay Singh, Advocate for DDA.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 15.03.2019 1.

Issue notice.

2.

The learned counsel appearing for the respondents accepts notice. 3.

The petitioner has field the present petition, inter alia, praying as under:- i) Issue an appropriate writ order or direction in the nature of mandamus thereby directing the respondents to process the pending application of the Petitioner for conversion from leasehold to freehold of Shed No. 21, situated at DSIDC Sheds, Okhla Industrial Area, Scheme-III, PhaseII, New Delhi-110020 with covered area 139.41 sq. Meters approx. as per the scheme of conversion from

leasehold to freehold circulated in November 2005 and to execute the conveyance deed for free hold shed in favour of the Petitioner.

4.

On 02.11.1999, respondent no.3Delhi State Industrial & Infrastructures Development Corporation Ltd. (DSIIDC) had allotted a shed bearing No. 21 situated at DSIIDC Sheds, Okhla Industrial Area, SchemeIII, Phase II to Sh. Sohan Lal Mittal and Mr Om Prakash Mittal. conveyance deed dated 02.11.1999 was also issued in their favour. The petitioner being one of the original allottees, applied for conversion of the said shed from leasehold to freehold, and also deposited the conversion charges of ₹3,84,094/- with DSIIDC. It was also the petitioner's case that the other co-owner, namely, Sh. Sohan Lal Mittal had transferred the interest in favour of the petitioner.

5.

On 27.05.2013, DSIIDC sent a letter to the petitioner to furnish the gift deed executed by Sh. Sohan Lal Mittal in the petitioner's favour. Thereafter, a show cause notice dated 25.02.2014 was also issued to the petitioner, calling upon the petitioner to show cause why the conversion application not be rejected for non-submission of the requisite gift deed. 6.

In view of the above, the petitioner approached Sh. Sohan Lal Mittal who executed a registered gift deed dated 05.03.2014, in favour of the petitioner. A copy of the same was furnished to DSIIDC on 14.03.2014. It is the petitioner's grievance that the petitioner has not received any response from DSIIDC, since then.

7.

In view of the above, DSIIDC to consider the petitioner's application, and communicate its decision to the petitioner within a period of eight

weeks, from today.

8.

All rights and contentions of the parties are reserved. 9.

The petition is disposed of in the aforesaid terms. VIBHU BAKHRU, J MARCH 15, 2019 RK