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High Court of DelhiW.P.(C)/10657/2018

Divay Syal v. Delhi Cantonment Board And ANR.

2018-10-05Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~75 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10657/2018 DIVAY SYAL ..... Petitioner Through:

Mr. S.A. Inamdar, Adv.

versus DELHI CANTONMENT BOARD AND ANR...... Respondents Through:

Mr.Ankit Sharma, Mr.T.S.

Nanda, Advs. for R1.

Mr.Rajesh Gogna, CGSC for R2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 05.10.2018 1.

Issue notice. The learned counsel appearing for respondents accept notice.

2.

The petitioners have filed the present petition, inter alia, praying as under:- "a) Issue a direction, order or writ in the nature of mandamus or any other direction, order or writ to the Respondent No.l to record the Petitioner as co-lessee of Survey No. 52/9/1 by mutation of entries in the General Land Register of Delhi Cantonment.

b) Issue a direction, order or writ in the nature of mandamus or any other direction, order or writ to the Respondents to convert the leasehold rights of the Petitioner in Survey No. 52/9/1 to freehold."

3.

The petitioners claim to have acquired rights in respect of the property described as Survey no. 52/9/1 located in the area falling within the jurisdiction of respondent no.1. The petitioners claim to have acquired the said rights from erstwhile lessee(s) of respondent no.1.

4.

The petitioners claim that they are entitled for mutation of the said property in their name and further, are also entitled for conversion of the said property from leasehold to free hold. It is averred that the petitioner had sent communications to respondent no.1 in this regard. However, the same has not been considered.

5.

In view of the above, the present petition is disposed of by directing respondent no.1 to consider the petitioner's request for mutation as well as for conversion from lease hold to free hold. The Competent Authority shall communicate the same to the petitioner within a period of six weeks from today.

It is clarified that all the rights and contentions of the parties are reserved.

VIBHU BAKHRU, J.

OCTOBER 05, 2018 neelam