Mahavir Prasad @ Mahabir Prasad & ORS v. Govt Of NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6024/2018 MAHAVIR PRASAD @ MAHABIR PRASAD & ORS ..... Petitioners Through:

Mr Ravin Rao, Advocate.

versus GOVT OF NCT OF DELHI & ORS ..... Respondents Through:

Ms Anusuya Salwan, Standing Counsel, DSIIDC with Ms Nikita Salwan, Advocates with Mr Ashok Kumar, Manager, DSIIDC.

Mr Sanjeev Kumar Singh, Advocate for R-3/DDA.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 14.05.2019 1.

The petitioners have filed the present petition, inter alia, praying that directions be issued to respondent nos.1 and 2 to convert the industrial plot bearing no. C-529, land measuring 350 sq. mtrs., situated in the layout plan of Narela Industrial Complex, Narela, Delhi-110040. 2.

The petitioners' request for conversion was rejected by DSIIDC by an order dated 01.02.2019. A plain reading of the said order indicates that the DSIIDC has rejected the documents furnished by the petitioners, in view of the circular no.F.1(192)/Regn.Br./Div. Com./2012/298 issued on 27.04.2012 by DSIIDC. It has been held that in terms of the said Circular, the documents furnished by the petitioners cannot be recognised to establish

acquisition of any interest or title in the property in question. 3.

The aforesaid issue is squarely covered by the decision of this Court rendered today in Rajat Dall Mill and Ors. v. Govt. of NCT of Delhi and Ors.: W.P.(C) 5962/2018 wherein the Court, following the decision of this Court in 'Pace Developers and Promoters v. GNCTD', decided on 30.04.2013, held that the said documents in each case would have to be examined and the observations made by the Supreme Court in Suraj Lamp & Industries (P) Ltd. v. State of Haryana: 2012 (1) SCC 656 cannot be understood to mean that in no case, a conveyance can be registered by taking recourse to a General Power of Attorney (GPA). 4.

In view of the above, the impugned order is set aside and the matter is remanded to DSIIDC to consider the petitioners' application in the light of the order passed by this Court in Rajat Dall Mill and Ors. v. Govt. of NCT of Delhi and Ors.: W.P.(C) 5962/2018 decided today itself, that is, on 14.05.2019.

VIBHU BAKHRU, J MAY 14, 2019 MK