Remanded

Sunita Jindal v. Govt. of NCT of Delhi and Ors.

Delhi HC14 May 2019W.P.(C)/6019/2018

Case brief

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What is this about?

This petition challenged the rejection of an application to convert an industrial plot. The Court set aside the rejection order and remanded the matter to the authority, noting that recent decisions permit title documentation via General Power of Attorney.

What did the court decide?

The impugned order dated 16.01.2019 was set aside and the matter was remanded to DSIIDC for consideration in the light of the decided case of Rajat Dall Mill.

Sunita Jindal Vs Govt. of NCT of Delhi and Ors. — Property and Title | Delhi HC (2019)

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$~18

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 6019/2018

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SUNITA JINDAL ..... Petitioner

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Through: Mr Ravin Rao, Advocate.

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versus

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GOVT. OF NCT OF DELHI AND ORS. ..... Respondents Through: Ms Anusuya Salwan, Standing Counsel, DSIIDC with Ms Nikita Salwan, Advocates with Mr Ashok Kumar, Manager, DSIIDC. Mr Sanjeev Kumar Singh, Advocate for R-3/DDA.

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CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R

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% 14.05.2019

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The petitioner has filed the present petition, inter alia, praying that directions be issued to respondent nos.1 and 2 to convert the industrial plot bearing no. H-1225, land measuring 350 sq. mtrs., situated in the layout plan of Narela Industrial Complex, Narela, Delhi-110040.

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The petitioner’s request for conversion was rejected by DSIIDC by an order dated 16.01.2019. A plain reading of the said order indicates that the DSIIDC has rejected the documents furnished by the petitioner, in view of the circular no.F.1(192)/Regn.Br./Div. Com./2012/298 issued on 27.04.2012 by DSIIDC. It has been held that in terms of the said Circular, the documents furnished by the petitioner cannot be recognised to establish

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acquisition of any interest or title in the property in question.

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The aforesaid issue is squarely covered by the decision of this Court rendered today in Rajat Dall Mill and Ors. v. Govt. of NCT of Delhi and Ors.: W.P.(C) 5962/2018 wherein the Court, following the decision of this Court in ‘ Pace Developers and Promoters v. GNCTD ’ , decided on 30.04.2013 , held that the said documents in each case would have to be examined and the observations made by the Supreme Court in Suraj Lamp & Industries (P) Ltd. v. State of Haryana: 2012 (1) SCC 656 cannot be understood to mean that in no case, a conveyance can be registered by taking recourse to a General Power of Attorney (GPA).

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In view of the above, the impugned order is set aside and the matter is remanded to DSIIDC to consider the petitioner’s application in the light of the order passed by this Court in Rajat Dall Mill and Ors. v. Govt. of NCT of Delhi and Ors.: W.P.(C) 5962/2018 decided today itself, that is, on 14.05.2019.

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VIBHU BAKHRU, J

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MAY 14, 2019 MK

Sunita Jindal v. Govt. of NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Sunita Jindal v. Govt. of NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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