Khan market lies under mix-land use

New Delhi, July 16 (UNI) Delhi High Court has directed New Delhi Muncipal Corporation(NDMC)to take no action on sealing or otherwise of the flats situated in Khan Market on the plea of their misuse for commercial purpose.

Last month, some residents of the Khan Market had approached Justice Pradeep Nandrajog to permit them the commercial use of their flats as it was already settled by court in October 2004,that the ground floor can be used for commercial purpose and the first floor and above for residential purpose.

The court directed NDMC to file an affidavit that no action of sealing will be taken against the Khan Market occupants as the permission had already been accorded to them to convert the flats into freehold.

Some residents of the Khan market approached the Delhi High Court to refrain NDMC from taking any action of sealing or otherwise on the grounds of misuse.

Justice Nandrajog observed that,the market was developed by Union of India and the adminstrative control was vested in the Land and Developement Office (L&DO). The ground floor of the market was declared for commercial use whereas first floor and above was declared for residential use. As a result the ground floor constructions were demised under a lease hold tenure with user prescribed as commercial user,and the first floor and above were demised under lease hold tenure as resdential.

The court observed that from time to time policy decisions notifying condoning of properties in markets falling under the territorial jurisdiction of NDMC and the Union of India issued conversion policies permitting conversion of lease hold tenure to free hold tenure. However, this benifit was not extended to properties which were being misused i.e. being used for purposes other than those prescribed at the time of creating lease hold tenure.

Justice Pradeep Nandrajog had earlier, on October 10,2004 while disposing a bunch of applications, asked the L&DO to process the applications of the Khan Market dwellers to convert the lease hold tenure into free hold tenure as well as to permit the flat ownership from residential purpose to commercial purpose. The court also directed the NDMC not to charge misuse and accord formal sanction converting electricity connection from domestic to non-dmestic category.

Counsels SC Jain, PK Malik and Arvind Nayyar, appearing for some flat owners told the court that since there was a court order for the conversion of the flats into free hold, NDMC should be refrained from taking any action of sealing on grounds of misuse.

The counsel for NDMC made a formal statement before the court that no action is proposed to be taken by them against the Khan market residents or shop owners. However, if any unauthorised construction is noted, action will be taken in accordance with law.

The petitioners were directed by the court to meet Mr SS Rao, Director Estate(II)NDMC at his office on 7th floor, Palika Kendra, Sansad Marg to comply with all the required formalities.

UNI