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High Court of DelhiW.P.(C)/9772/2015

Shikha Gugnani & ANR. v. Govt. Of NCT Of Dlehi & ORS.

2019-04-10Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9772/2015 and CM Nos. 23470/2015 & 37757/2018 SHIKHA GUGNANI & ANR.

..... Petitioners Through:

Counsel (appearance not given).

versus GOVT. OF NCT OF DLEHI & ORS.

..... Respondents Through:

Mr Satyakam, ASC for GNCTD/R1.Ms Anusuya Salwan, Standing Counsel for DSIIDC with Ms Renuka Arora and Ms Nikita Salwan, Advocate for R-2.

Mr Dhanesh Relan, Standing Counsel with Ms Gauri Chaturvedi, Advocate for DDA.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 10.04.2019 1.

The petitioners have filed the present petition, inter alia, praying that the property in question (Industrial Shed No. 57, Okhla Industrial Estate, New Delhi) be converted from leasehold to freehold. 2.

In view of the facts as stated by DSIIDC in the application (CM APPL. 37757/2018) filed for modification of the order dated 08.05.2018, it is apparent that the transfer of property from the original allottee to his widow, Smt. Madhu Chadha, has not been accepted by DSIIDC. Thus, the essential controversy is whether the original transferor had any rights in respect of the property in question.

3.

In view of the above, the learned counsel appearing for the petitioner seeks to withdraw the present petition, preserving their rights

for appropriate proceedings.

4.

The petition is dismissed as withdrawn, with the aforesaid liberty. The pending applications are also disposed of. 5.

Interim orders are vacated. The funds deposited by the petitioner for seeking conversion of the property in question shall be refunded to the petitioner. All other questions, including whether the fee received for conversion of properties is required to be retained by DSIIDC or DDA, are left open to be decided in another case.

VIBHU BAKHRU, J APRIL 10, 2019 RK