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High Court of Punjab and HaryanaCWP/626/2014disposed of

Iqbal Singh Bajwa v. Administrator, Union Territory, Chandigarh And Others

2015-11-04Mr. Justice M.M. Aggarwal,Mr. Justice Dr. Shekher Dhawan1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-626-2014 Date of decision:- 04.11.2015 Iqbal Singh Bajwa

...Petitioner

Versus

Administrator, Union Territory, Chandigarh and others

...Respondents

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA

Present:

Mr. H.S. Bajwa, Advocate, for the petitioner.

Mr. Parminder Singh Kanwar, Advocate, for the respondents.

* * * * S.J. VAZIFDAR, A.C.J. (ORAL) The petitioner seeks an order directing the respondents to convert the leasehold interest held by him into a freehold title. 2.

The matter regarding the fresh leasehold rates is still under consideration. The petitioner states that this is despite the fact that an order has been passed in another writ petition directing the respondents to take a decision within four months regarding the new rates. The rate at which the conversion is sought by the petitioner was fixed in the year 1996. That rate was, however, fixed only for a period of one year. The petitioner contends that the rate ought to be applied even to his case. It is not possible at this stage to issue a writ of mandamus directing the conversion at a particular rate. 3.

The writ petition is disposed of by holding that in the event of the petitioner being aggrieved by the rate, if any, fixed by the respondents, he is at liberty to challenge the same.

The issue as to whether the respondents are bound to permit conversion of a leasehold right into a freehold right is also kept open. We express no opinion regarding the same in this writ petition.

(S.J. VAZIFDAR) ACTING CHIEF JUSTICE (TEJINDER SINGH DHINDSA) JUDGE 04.11.2015 Amodh AMODH SHARMA 2015.11.06 11:01 I attest to the accuracy and authenticity of this document chandigarh