….…the government policy of conversion of lease rights into free hold casts a duty on the administrative authorities to pass orders within a reasonable time, however, as observed in the present case, the authorities failed to act in a reasonable time. Several cases pertaining to grant of free hold arises and are pending in the High Court which reveal a similar story………The authorities are enjoined by the statute concerned to perform their duties within a reasonable time, and as such they are answerable to the Court why such duties have not been performed by them, which has caused injury to…
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…………The government policy of conversion of lease rights into free hold casts a duty on the administrative authorities to pass orders within a reasonable time, however, as observed in the present case, the authorities failed to act in a reasonable time. Several cases pertaining to grant of free hold arises and are pending in the High Court which reveal a similar story……The authorities are enjoined by the statute concerned to perform their duties within a reasonable time, and as such they are answerable to the Court why such duties have not been performed by them, which has caused injury to…
……it is clear that the renewal clauses in the present leases clearly stipulate that the lessee shall be entitled to a renewal of the lease for a further period…..This clearly indicates that the petitioner was by the terms of lease entitled to a renewal for a further period. The second portion of the clauses which says “all terms and conditions to be mutually agreed upon before renewal of lease” only refers to the terms and conditions. As a matter of right, the petitioner was entitled to renewal. The only thing that was left to be considered were the terms and…
“we are of the opinion that there is an inordinate and unexplained delay on part of the respondents in dealing with the application of the petitioners for grant of freehold rights.” In the counter affidavit it has not been disputed that the petitioners have applied for grant of freehold rights in the Nazul land as stated by them ………………….“In the case at hand, we do not find that the petitioners were in any way responsible for the delay in consideration of their application for freehold rights. There application was complete in all respect. It was not rejected or even treated…
“………..it has come to the notice of this Division bench of the Court that apart from various applications for conversion of Nazul lands into free hold, large number of applications are also pending before the authority concerned for renewal of leases wherein no orders are invariably passed for renewal of lease of Nazul land (after its expiry)…………………. such matters are dragged on for years and decades………such tendency of authorities concerned of not passing any orders on the applications filed for renewal of lease within a reasonable period is highly deplorable, objectionable and unjust…………………..It needs to be deprecated……………The Govt policy of…
“The appellant-DDA rose from slumber after more than 20 years when the respondents filed their application seeking conversion of leasehold right into freehold right in 1999. The application remained pending for want of decision” …………………………“Inaction and silence on the part of the appellant for nearly 30 years will cause hardship and punish the respondents”
