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Supreme Court of India 2019-02-12 partly_allowed

DELHI DEVELOPMENT AUTHORITY vs M/S. KARAMDEEP FINANCE AND INVESTMENT (I) PVT. LTD

Bench: 2 — Ashok Bhushan, K.M. Joseph

In Brief

The Delhi Development Authority sold a leasehold residential plot to Karamdeep Finance through public auction after government acquisition of the original lessee's interest. Karamdeep later sought conversion to freehold and challenged demands for unearned increase and conversion charges. The Supreme Court held that Karamdeep purchased only leasehold rights (as specified in auction notice), not absolute rights. The unearned increase was not payable because it had already been paid by the Income Tax Department during acquisition. Karamdeep was not entitled to refund of conversion charges, but DDA must process the conversion application in accordance with law.

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Property Law Real Estate Transactions Leasehold Rights Government Grants Auction and Sale Statutory Interpretation Unearned Increase

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