W.P.(C)/15353/2024 of GYAN DEVI Vs DELHI DEVELOPMENT AUTHORITY

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 15353/2024

GYAN DEVI

.....Petitioner

Through: Mr. Ram Kumar and Mr. Sachin, Advs.

versus

DELHI DEVELOPMENT AUTHORITY .....Respondent Through: Mr. Siddhant Gupta, Adv.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMAO R R% 04.11.2024

1.This hearing is being conducted through hybrid mode.

CM APPL. 64396/2024 (Ex.)

2.Allowed, subject to all just exceptions.

3.The application stands disposed of.

W.P.(C) 15353/2024

4.The petitioner is invoking the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, for issuance of appropriate writ, order and direction to the respondent to allow the conversion of the said property from leasehold to freehold and thereby seeking setting aside of the impugned letter dated 26.02.2024, and earlier letter dated 16.07.2021.

5.Learned counsel for respondent/DDA is present on advance notice.

6.Learned counsel for the petitioner has alluded to the letter dated 02.08.2019, whereby the petitioner was afforded personal hearing and accordingly she attended the office of the respondent and

submitted all the relevant documents.

7.However, nothing was heard from the respondent and then the petitioner received the impugned letter dated 26.02.2024, whereby her application for conversion was rejected.

8.Evidently, the impugned letter has not assigned any reasons and it appears to have been passed in cryptic and mechanical manner which is very harsh on the petitioner who is senior citizen.

9.Hence, the same is hereby set aside with directions to the respondent to consider the present writ petition as fresh representation and after affording an opportunity of hearing to the petitioner, pass reasoned decision in accordance with law within period of six weeks from today.

10.The present writ petition is disposed of accordingly.

NOVEMBER 04, 2024

DHARMESH SHARMA, J.