High Court of DelhiW.P.(C)/13163/2022

Pradeep Diwan & ANR. v. Delhi Development Authority And ANR.

2024-03-18Hon'Ble Ms. Justice Mini Pushkarna3 pages

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13163/2022 & CM APPLs. 16774/2024, 22429/2023 & 5045/2024 PRADEEP DIWAN & ANR.

..... Petitioners Through:

Mr. Krishna Datta Multani, Advocate (M:9999997189) versus DELHI DEVELOPMENT AUTHORITY & ANR. ..... Respondents Through:

Ms. Shobhana Takiar, SC-DDA with Mr.

Kuljeet Singh, Advocate (M:9810962950) Mr. Rajiv Kapur, Mr. Akshit Kapur, Advocates for SBI

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 18.03.2024

O R D E R

CM APPL. 16774/2024 1.

The present application has been filed on behalf of the petitioners th January, 2024 and 05th seeking directions in view of the orders dated 29 February, 2024 passed in the present petition. 2.

The present writ petition had been filed by the petitioners seeking conversion of their property, i.e., C-73, Anand Niketan, New Delhi-110021 from leasehold to freehold.

When the present matter was listed for hearing on 29th January, 2024, the following directions had been issued by this Court: "xxx xxx xxx

11. Considering the aforesaid submissions, it is directed that the petitioner shall deposit the full amount raised by the DDA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

towards composition fee of Rs. 3,85,353/- without prejudice to its rights and contentions and rights and contentions of the SBI regarding payment of 50% amount of the aforesaid composition fee by the SBI.

xxx xxx xxx"

Subsequently, this Court vide order dated 05th February, 2024 passed the following directions:

"1. Mr. Sanjiv Kumar Dubey, learned senior counsel appearing for the petitioners submits that in terms of the Demand Letter dated 12 th January, 2024 raised by the Delhi Development Authority ("DDA"), the full amount of the composition charges of Rs. 3,85,353/- has already been deposited with the DDA. Thus, he submits that expeditious steps ought to be taken by the DDA for the purposes of execution of the Conveyance Deed in favour of the petitioners. He further submits that other demands towards ground rent have also been paid to the DDA.

2. Learned Standing counsel for the DDA submits that a period of four weeks may be granted to the DDA for doing the needful.

3. Let the needful be done by the DDA within a period of four weeks.

4. Mr. Akshit Kapur, learned counsel appearing for the State Bank of India ("SBI") submits on instructions from Mr. Deshdeepak Srivastava, Chief Manager of the Bank, who is present in Court that the SBI has no objection to payment of 50% of the composition charges as raised by the DDA. He further submits that since the full amount of composition charges have already been paid by the petitioners to the DDA, the bank shall make payment of 50% of the composition fees i.e., amounting to Rs. 98,876.25/- for the period from 1982 to 1984. He further submits that this shall be the final payment made by the bank towards the composition fees and that the DDA shall not raise any further charges towards rent, misuse or other composition charges.

5. Responding to the aforesaid submission of learned counsel for SBI, learned standing counsel for DDA submits that the DDA has already raised the final demand by way of the letter dated 12th January, 2024.

6. Likewise, learned senior counsel appearing for the petitioners submits that no further demand shall be raised to the SBI. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7. This Court notes that in terms of the DDA Note dated 12th January, 2024 which is on record, all other issues pending between the petitioners and the DDA already stand settled. xxx xxx xxx"

Thus, by way of the present application it is prayed that the present petition be disposed of in terms of the aforesaid directions. 6.

Learned counsels for the parties confirm that all the compliances have already been done and the property in question has already been converted from leasehold to freehold on 26th February, 2024.

Accordingly, the present petition is disposed of along with pending applications by recording that the present petition stands satisfied and all the issues pending between the petitioners and Delhi Development Authority as well as State Bank of India, stand settled.

The next date of hearing of 05th April, 2024 is hereby cancelled.

MINI PUSHKARNA, J MARCH 18, 2024 au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.