agreement
was never binding upon the DDA, even if the defendant had
applied to the DDA for conversion of the property from
Lease Hold ... DDA. Even then the DDA was not
under an obligation to transfer the suit property from Lease
Hold to Free Hold as DDA being
duly acknowledged by the DDA on
11.1.2008. The said order was to be complied with by the DDA, however,
the DDA has failed to comply ... DDA on 31.1.2008. As
no reply was received from the DDA, the petitioner issued another
communication to the DDA on 30.4.2008 calling upon the DDA
recording of her name in the
records of DDA) on 19-06-1984. The DDA granted the application, and
entered her name, in its mutation register ... withdrawn of the cancellation order, or grant of the
application for conversion. The DDA justified its position in court, saying
that the testamentary disposition, through
were as follows:-
"a) The defendants will apply to the DDA for conversion
of the above property from leasehold to freehold and
within ... obligations of
the respondents are limited, that is, to apply to DDA for
conversion of the property from leasehold to freehold, to submit
the construction
were as follows:-
"a) The defendants will apply to the DDA for conversion
of the above property from leasehold to freehold and
within ... obligations of the respondents are
limited, that is, to apply to DDA for conversion of the
property from leasehold to freehold, to submit the
construction
expense towards
the process of getting the clearance
from the DDA for conversion of the
suit premises as freehold? (Onus on
parties).
4. Whether ... expense towards the process of getting the clearance from the DDA for
conversion of the suit premises as freehold? (Onus on parties).
15. The onus
DDA came to know about the
purchasing of the flat by Defendant no.3 when he applied with the DDA for conversion
of the said ... further stated that at the time of execution of the
conversion deed dated 20.05.2003, DDA was not aware about any mortgage and no
mortgage permission
stated
to have been written by the present plaintiff to DDA for conversion
of his temporary lease into perpetual lease. However, no notice was
received ... from DDA for conversion. Ex. PW1/9 was stated to be
receipt of damages recovered from the plaintiff by DDA. Quite
contrary
false representations made by respondents no. 1 and 2, DDA
had allowed the prayer for conversion of the said properties into
free hold and thus ... remained vacant lands. It appears that under the policy of
DDA, conversion from lease hold to free hold would not have
been permissible in case
towards sale
consideration,
e) That under the 1992 scheme of conversion of DDA there
was specific provision that no conversion will be made in
case ... behalf of defendant no. 3/DDA that the Government of
India/DDA had announced the scheme of conversion from lease hold to
free hold
