Since February 1970, DLF subsidiary Edward Keventer Successors Pvt Ltd has been trying hard to convert a dairy farm near Rashtrapati Bhavan into a residential colony .jpg) It seems that Edward Keventer Successors Private Ltd’s (EKSPL), a subsidiary of realty giant DLF, long-time efforts to convert a 9.26-hectare dairy farm near Rashtrapati Bhavan into a residential development have not reaped the desired results. With this, any type of dramatic change in New Delhi’s Raisina Hill—housing major government buildings along with Rashtrapati Bhavan—remains a dream.Note what happened
A single bench of Delhi High Court granted the petition of the real estate firm to convert the land use in May 2010 and also imposed Rs 10,000 as litigation charge on the Centre. Challenging the judgement, the Urban Development Ministry has moved a division bench against the order. Resultantly, a division bench of Chief Justice Dipak Misra and Justice Manmohan heard the government counsel (no advocate for EKSPL appeared in the court, although a copy of the appeal was sent to the firm) and granted a stay on the previous judgement till the case is disposed.
The lease agreement inked between EKSPL and the Union of India clearly states that it confers administrative discretion to the latter, thereby authorising the Union of India to either permit or disallow a request for conversion of land use, argued additional solicitor general Vivek Tankha for Centre, while placing his opinion to the division bench. He was accompanied by advocate Arjun Harkauli.
Arguing the case to be an entirely discretionary and contractual matter between the two parties (EKSPL and Urban Development Ministry), the counsel said that the court had ‘exceeded its jurisdiction’.
Considering the sensitivity of the plot location, the government is also concerned about the potential security threat posed by a residential colony situated only a kilometre away from the President’s residence and so is unlikely towards a change of land use.
Note EKSPL’s earlier attempts
Since February 1970, EKSPL is trying to convert the land and use it for construction of ownership apartments. Initially, the firm wrote a letter to the Urban Development Ministry’s land and development office (L&DO) for allowing it to convert the land from dairy farming to residential colony. Soon, a dispute emerged between the Ministry and EKSPL particularly with respect to the conversion charges that the developer had to deposit. In September 2008, EKSPL again wrote an application seeking permission for the conversion and deposited conversion charges. However, the Ministry refunded the conversion cost and rejected the appeal in August 2009.
Nobody from EKSPL was found to comment on the present case and the division bench’s judgement.
The biggest irony is that DLF’s subsidiary has been holding the ‘disputed’ property since August 1942 under a perpetual lease agreement.
Jeeta Bandopadhyay
|
