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Mohit Bhardwaj vs Delhi Development Authority & Anr on 10 March, 2023

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

                          $~90
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 2940/2023 & CM APPL. 11453/2023
                                 MOHIT BHARDWAJ                                       ..... Petitioner
                                                    Through:      Mr. Nikhil Palli, Advocate.
                                                    versus

                                 DELHI DEVELOPMENT AUTHORITY
                                 & ANR.                                               ..... Respondent
                                                    Through:      Mr. R.K. Dhawan, Standing Counsel
                                                                  for DDA with Ms. Vanshika,
                                                                  Advocate.
                          CORAM:
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                                    ORDER

% 10.03.2023

1. This petition has been filed by the Petitioner seeking quashing of the orders dated 21.01.2022 and 13.02.2023 passed by the Respondent No.1, Delhi Development Authority (DDA), seeking return of the mutation letter as well as seeking to cancel the mutation with respect to Plot no. LU-19, Pitampura, New Delhi - 110034, admeasuring 126 square meters ('subject property').

2. It is an admitted fact that the leasehold rights for the subject property were initially allotted to Sh. Amba Prasad and Smt. Vidyawati, the paternal grandparents of the Petitioner herein. Smt. Vidyawati passed away on 16.01.1993 and Sh. Amba Prasad passed away on 24.07.2002. Thereafter, the Petitioner herein approached Respondent, DDA for mutation of the subject property in his favour relying upon the Will executed by Sh. Amba Prasad.

3. The subject property was mutated in his favour by the Respondent No.1, DDA, on 16.03.2017 after completion of all formalities. Further, thereafter, upon payment of conversion charges, the Respondent, DDA, also executed a conveyance deed in favour of the Petitioner herein. The subject property as on date is a freehold property.

4. In the meantime, it appears that in the year 2020, disputes have arisen between the Petitioner and his sister Dr. Prarthna Katta, which has led to the filing of a civil suit by the Petitioner herein, inter alia, for recovery of possession of the subject property.

5. In the meantime, the Petitioner herein has received a show cause notice ('SCN') dated 10.08.2021, issued by the Respondents with respect to cancellation of his conveyance deed. The facts which weighed with the DDA for initiating the process of cancellation is not evident form the record of the Court including the impugned orders. The said SCN culminated in issuance of an order dated 21.01.2022, whereby the mutation done in favour of the Respondent dated 16.03.2017 has been cancelled.

6. Thereafter, a writ petition was filed before this Court and a further opportunity was granted to the Petitioner to represent his cause before the DDA, however, in the facts and circumstances set out in the order dated 13.02.2023, the Respondent, DDA, has passed a fresh order, reiterating its decision of upholding the cancellation of mutation vide order dated 21.01.2022.

7. Issue notice. Learned standing counsel for the Respondent, DDA accepts notice. He states that the impugned order dated 13.02.2023 evidences that the Petitioner herein failed to present his documents and place his version of the facts to the Respondent, DDA, despite multiple Signature Not Verified Digitally Signed By:RASHMI DABAS Signing Date:14.03.2023 11:54:13 opportunities.

8. He seeks time to file his counter affidavit. Let the same be filed within a period of four weeks. Rejoinder, if any, be filed within a period of four weeks thereof.

9. In view of the fact that the property already stands converted from leasehold to freehold in favour of the Petitioner on the basis of the registered Will executed by Sh. Amba Prasad, the conveyance deed shall supersede the mutation letter. The conveyance deed continues to stand in the name of the Petitioner and the reasons set out in the impugned order prima facie fail to make out any case for recalling the mutation order. In view thereof, the operation of the orders dated 21.01.2022 and 13.02.2023 is stayed during the pendency of this petition. To prevent multiplicity of proceedings, Respondent, DDA, is restrained from taking any coercive action with respect to the subject property.

10. The petitioner is directed to place on record a copy of the plaint in the civil suit and the written statement filed by the defendants therein within two weeks.

11. List on 21.08.2023.

MANMEET PRITAM SINGH ARORA, J MARCH 10, 2023/msh/aa Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:RASHMI DABAS Signing Date:14.03.2023 11:54:13