By Accommodation Times Bureau
The UT administration has failed to produce a notification suspending conversions of residential plots from leasehold to freehold, the National Consumer Disputes Redressal Commission has observed while dismissing a revision petition.
The administration had challenged an order dated May 16, 2016, passed by the commission directing it to convert a residential plot of a Sector 46 resident. Throughout the proceedings, the administration stuck to its stand that a ban on such conversion had been imposed. However, it failed to produce a notification issued by a competent authority.
The counsel appearing on behalf of the administration argued that the forum committed material illegality in ignoring a vital fact that the complainant’s application for conversion was received by the estate office on April 29, 2013, and by that time a decision had been taken not to permit conversion as charges were not fixed.
On the other hand, S K Jain and Vikas Jain, the counsels for the complainant, contended that the application for conversion was received by the estate office on March 28, 2013, and the application could not be rejected. The counsels further said no decision has been taken by the administrator to ban conversions. In support of their contention, the counsels quoted a noting dated January 2, 2015, of then UT administrator in the file pertaining to fixation of land rates and conversion charges. It read: “I would not like to take any decision on this issue of turning the leasehold properties into freehold on my own which is against my understanding of the correctness,“ “However, the government of India, home ministry or any relevant and concerned ministry may give the directions, which the administration may implement for which all relevant notes and my notes may be sent to the MHA and other concerned and relevant ministries,“ the noting added.
The commission, in its order, stated: “The petitioners have failed to bring on record any public notification by the competent authority suspending all conversion of residential plots from leasehold to freehold, at least on March 28, 2013, when the estate office accepted the application.“