AIR 1991 SUPREME COURT 93 ::(1991) 1 RRR 109 ::1991 (1) UJ (SC) 68 ::(1990) 42 DLT 566 ::(1991) 1 All RentCas 391 ::1991 (1) SCC 63 ::1990 HRR 655 ::1990 (19) DRJ 325 ::(1990) 4 JT 176 (SC) ::1990 (4) JT 176

Supreme Court Of India

(From : Delhi)

Hon'ble Judge(s): P. B. Sawant, K. Ramaswamy , JJ

(A) Delhi Development Authority Act (61 of 1957) , S.7— Master Plan - Conversion of user of land - Permission for - Mere enquiry as to terms and conditions and charges for same does not constitute application for premission to use land for commercial purposes. Master plan - Conversion of user of land - Application for permission is must. Decision of Delhi High Court, Reversed.Master plan - Conversion of user of land - Application for permission is must. The alleged letter for conversion of user of land was sent by 'H' for himself and for 'D' and others. 'H' did not sign it for 'D' and others as the holder of the power of attorney from them. Nor did he make clear who "the said others were". The contents of the letter are self-explanatory. All that 'H' wanted to know from the Land and Development Officers were the terms and conditions for the construction of a commercial building on the land and the charges that would have to be paid for the same. This can hardly be called an application for permission to construct a commercial buliding on the land. It is no more than an enquiry. Therefore the said letter by lessee's would not constitute an application for permission to use the land for commercial purposes. It is immaterial in this connection whether any regular form of application was prepared and was available for use at the relevant time. The....