Summary
Conversion charges for a government residential plot were payable at the rate prevailing when the final decision was taken after verifying policy compliance, rather than the earlier application date. The applicant’s unauthorised use of adjacent government land delayed eligibility, and merely applying conferred no vested right to conversion at the earlier rate.
Issues
- Whether leasehold-to-freehold charges should be fixed at the application date or the date of the final compliant decision.
- Whether delay in processing justified the earlier rate on these facts.
Held
- An application does not create a vested right to permission. The policy excluded applicants occupying government land without authority until that occupation was vacated, and the applicant had to satisfy that condition to obtain conversion. (¶¶ 4, 17, 18, 19)
- On the inspection reports and correspondence, the High Court had no basis to apply the 2003 rate. Charges were payable at the final decision date after verification of removal of encroachment and scrutiny of the declaration. (¶¶ 18, 19)
- The applicant waited until 2015 to seek judicial relief; if aggrieved by inaction he could have sought an earlier decision. His own delay did not justify fixing charges by the original application date. (¶ 20)
Result
State’s appeal allowed without costs; the High Court order was set aside and the writ petition dismissed. Upon compliance with the State’s communication and payment of the computed charges, the conversion application must be processed expeditiously.