24. The aim and purpose behind such stipulation in the lease deeds was
that when a lessee is permitted to transfer the leasehold rights, the lessor
should not be deprived of the difference between the premium paid and
the market value. The clause was inserted in the perpetual lease to
compensate the lessor. The Division Bench of this Court in the case of
DDA v. Mahabir Prasad6 considered the importance of such clauses in
5
2012 SCC OnLine Del 1230.
39. If paragraph no. 20 of the said decision is perused carefully the
same would clearly indicate that the argument similar to the one being
raised by learned counsel for the defendants/respondents in the instant
case has already been considered therein. The Court has held that at the
time when the 1992 policy was introduced, the Government was well
aware of its rights and the perpetual leases granted by it which entitled it
to charge 50% of the „unearned increase‟. The Court further goes on to
state that despite knowing the aforesaid aspect, the Government took a
conscious and calculated decision for conversion in its policy by providing
that where the applications for conversions are made by the GPA holders
Signature Not Verified Signature Not Verified
Digitally Signed Digitally Signed
By:MAANAS JAJORIA
Signing Date:18.09.2024 By:PURUSHAINDRA
19:25:51 KUMAR KAURAV
they would have to pay 33.33% of the conversion fee towards surcharge,
while those in whose name the leasehold right stood mutated in the
records of the defendants/respondents while applying for conversion had
to pay only conversion fee.