Land Conversion Claim Leasehold to Freehold Rejected: Policy Inapplicable to Petitioner's Project: SC

07 May 2024 8:19 AM

By: Admin

In a recent judgment, the High Court dismissed the plea of a petitioner seeking the conversion of leasehold land to freehold, stating that the policy invoked by the petitioner was not applicable to their project. The court, comprising Justices Dinesh Maheshwari and J.K. Maheshwari, held that the policy, which was formulated for theme parks and amusement parks, could not be extended to the petitioner's project, which did not fall under the category of a theme park or amusement park. The court emphasized that the petitioner's claim lacked legal basis as the original policy and its subsequent amendment did not apply to the subject land or the project.

Supreme court remarked, "The petitioner's assumption that the said policy with its amendment is applicable to its project and the subject land is without any legal basis and the claim of the petitioner turns out to be hollow and baseless."

The court further highlighted that the subject land had been leased to the petitioner for a period of 90 years, and there was no justification to convert the leasehold rights into freehold rights. It was clarified that the policy and its amendment came into existence after the petitioner had already been allotted the land and completed construction, and therefore, they could not be applied retrospectively to override existing legal rights and obligations.

The judgment also addressed the petitioner's reliance on certain letters and communications, noting that they were recommendatory in nature and did not grant freehold rights. The court underlined that the composition of the committee and its recommendations did not automatically constitute a binding decision.

While rejecting the petitioner's claim for conversion from leasehold to freehold, the court clarified that the judgment solely pertained to the conversion prayer and would have no bearing on other pending or future issues between the parties.

Date of Decision: March 17, 2023

BHASIN INFOTECH vs STATE OF UTTAR PRADESH AND ANR.