Rupesh Kakkad v. Union of India & Ors

RAJIV SAHAI ENDLAW, J. OCTOBER 28, 2015 "pp"..

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 28th October, 2015. + RUPESH KAKKAD ..... Petitioner Through: Mr. Asuthosh Lohia, Ms. Soumya Kumar Mr. Sagar Chauhan, Advs. Versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Akshay Makhija, CGSC, Ms. Mahima Bahl, Ms. Sanju Geeta and Mr. Siddharth Thakur, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The petition impugns the order dated 29th December, 2011 of the respondents Union of India (UOI), Joint Secretary (C&W), Defence Finance and Defence Estate Officer Cantonment Board rejecting the request of the petitioner for mutation of property, being leasehold plot of GLR Survey No.73/2, Varanasi Cantonment, to the name of the petitioner. Axiomatically, a mandamus is sought for mutation in the name of the petitioner. 2. The petition was entertained and the respondents have filed a counter affidavit to which a rejoinder has been filed by the petitioner. The petitioner, in compliance of the order dated 1st April, 2013 in this proceeding, has filed an additional affidavit and to which a response has been filed by the respondent. The respondent has filed yet another supplementary affidavit in pursuance to the order dated 26th November, 2014 in this proceeding. The petitioner is stated to have filed a response to the said supplementary affidavit of the respondents but which is not on record. The counsel for the petitioner states that he is not pressing for the same to be considered. The counsels have been heard. 3. The position which emerges is as under:- A. The land ad measuring 1.20 acres (52,272 sq. ft.) bearing GLR Survey No.73/2 Varanasi Cantonment was initially leased to Shri Gurucharan Prasad and Shri Jagannath Prasad w.e.f. 11th January, 1932. B. The leasehold rights in the aforesaid land were transferred to the exclusive name of Shri Jagannath Prasad in pursuance to a Partition Deed dated 24th August, 1948 between the said Shri Gurucharan Prasad and Shri Jagannath Prasad and a Supplementary Deed dated 15th July, 1949 was executed. C. Pursuant to the user of the land being allowed to be changed, another Supplementary Deed dated 14th May, 1963 was executed. D. Shri Jagannath Prasad died on 3rd August, 1973 and the leasehold rights in the land aforesaid were inherited by his sons Shri K.P. Saigal and Shri Shamboo Prasad Saigal and the leasehold rights were mutated from the name of Shri Jagannath Prasad to the name of his said sons. E. Shri K.P. Saigal and Shri Shamboo Prasad Saigal, vide Sale Deed dated 19th November, 1998 transferred leasehold rights in respect of 17,008 sq. ft. out of the aforesaid land to Shri Rajendra Kakkad, Sh. Illesh Kakkad, Sh. Rupesh Kakkad (petitioner herein) and Sh. Nilesh Kakkad. F. The aforesaid Sh. K.P. Saigal and Sh. Shamboo Prasad Saigal vide Sale Deed dated 8th December, 2000 transferred the leasehold rights in another 14,260 sq. ft. in favour of the petitioner herein. G. In this manner, Sh. K.P. Saigal and Sh. Shamboo Prasad Saigal retained only 21,004 sq. ft. out of total leasehold land ad measuring 52,272 sq. ft. H. The petitioner applied for mutation in his name of leasehold rights with respect to the aforesaid 14,260 sq. ft. I The said application was rejected vide order dated 31st January, 2011. J. The petitioner filed W.P.(C) No.1773/2011 in this Court impugning the aforesaid rejection. K. This Court vide order dated 26th May, 2011 in the aforesaid writ petition set aside the order dated 31st January, 2011 and remanded the matter to the respondents for consideration afresh. L. The respondents, vide impugned order dated 29th December, 2011, after reconsidering the matter have again rejected the application of the petitioner for mutation. The reason therefor, as borne out from paras 7 & 8 of the impugned order, is as under:- "7. The matter has since been re-examined in compliance of the order dated 26.05.2011 of the Hon'ble High Court in WP 1773/2011. After careful consideration of the records of the case, opin