Inderjot Singh and Associates Pvt. Ltd. and Anr. v. Government of N.C.T. of Delhi and Ors.

1. The learned counsel appearing for the parties state that the issue involved in the present petitions is similar to the issue involved in fV.F.(C) No. 9179/2018 captioned "Mrs Veena Arora v. Government ofN.C.T. of Delhi and Ors'\ The said petition was disposed of by an order dated 06.09.2018. They request that the present petitions be disposed ofin similar terms.

2. The petitioners in the above petitions are the allottees of industrial sheds / flats by the Delhi State Industrial and Infrastructure Development Corporation (hereafter 'DSIIDC'). The petitioners are desirous that the ^ industrial sheds allotted to them be converted from leasehold to freehold. The petitioners also claim that they have deposited the conversion charges with the DSIIDC for the said purpose. They have filed the present petitions, essentially, being aggrieved by inaction on the part of the DSIIDC in converting the aforesaid properties from leasehold to freehold.

3. One of the principal reasons for inaction in conversion of the properties from leasehold to freehold is impasse between DSIIDC and the Delhi Development Authority (hereafter 'the DDA'). It is the case of the DDA that although the structure may belong to the DSIIDC but the land in

4. By an order dated 08.05.2018 passed in Shikha Gugnani's case,the Co-ordinate Bench this Court had found a workable solution. The relevant extract ofthe said order is under: "6.Having heard learned counsel for the parties,I am ofthe view that whilethe adjudication ofthe issue asto who should retain the charges which have deposited by the petitionerforthe purposes ofconversion can be decided ata later date,the petitioners in the meanwhile should notbe put to trouble by delayingthe conversion ofthe subject property from leasehold to freehold.

7. This is, especially so, as I am informed by Mr.Dhawan thatthe conversion charges were deposited as far back as in July,2013. As indicated above,Ms.Arora does not dispute this'fact. She says that there could be some additional chargesthatmay haveto be paid bythe petitioners.

8. Having regard to the aforesaid, DSIIDC is directed to convertthe subjectpropertyfrom leaseholdto freehold.

9. A conveyance deed will be executed in favour of the petitioners. In case,additional charges have to be paid,the petitioners will depositthe same upon DSIIDC giving them due intimation. Furthermore, if any other formalities are requiredto befulfilled,the petitioners will also comply with the same.

10. The needful will be done by DSIIDC within eight weeks from today.

11. Insofar as the conversion charges received from the r petitioners are concerned,they will be deposited in a no-lien interest bearing Account by DSIIDC. As to which entity will finally enjoy the benefit of the same, shall be determined upon final adjudication ofthe writpetition."

5. In Mrs Veena Arora v. Government of N.C.T. ofDelhi and Ors {supra),this Courthad observed that it would be apposite to follow the said procedure in these matters as well. ^ 6. Accordingly, the DSIIDC is directed to convert the said properties from leasehold to freehold provided the petitioners deposit the necessary conversion charges with the DSIIDC and otherwise comply with all other requirements. The issue whether the DDA or the DSIIDC is entitled to appropriate the conversion charges,would not hold up the applications filed by the petitioners for conversion of the properties allotted to them, from leasehold to freehold. All charges received by the DSIIDC for converting the properties in question shall be deposited in a no-lien interest bearing Account.

7. It is clarified that nothing stated herein should be construed as an expression of opinion that the petitioners are otherwise entitled to conversion ofthe respective properties allotted to them.

8. The issue as to whether the DDA or the DSIIDC would be entitled to the same shall abide by the decision of this Court in Shikha Gugnani {supra), which this Court is informed is pending before the Co-ordinate Bench ofthis Court.

9. Itis further directed thatin the event,the petitioners are not eligible or have not complied with the requirement under the conversion policy, DSIIDC shall communicate the same to the petitioners within two weeks from today.

10. The present petitions are disposed of in the above terms. All the pending applications,ifany,are also disposed of.