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2015 (5) TMI 1234 - HC - Indian LawsSeeking conversion from leasehold to freehold of its premise - whether under the policy floated by respondent No.2, the petitioner is entitled to conversion of the premises in question from leasehold to freehold or whether the action of respondent No.2 in denying such conversion amounts to a discrimination against the petitioner? HELD THAT:- The right of ownership over a property in cases of lease is not determined on the basis of the duration for which the lease is granted to the lessee. Thus, a lease even if for 99 years, does not confer ownership rights on the lessee, unless they are specifically transferred to him in which case it stops being a lease. Even in the cases of lease for long durations, the residuary rights of a leased land belong to the owner of the land and not the lessor. It is a settled law that the length of the lease is not indicative of even permanency of lease much less of ownership - it is abundantly clear that the case of the petitioner falls in all together a different category of properties in which no provision for conversion is provided under the existing scheme. The government cannot be held prisoner to its administrative decisions which are required to be altered from time to time - Clearly the petitioner is a tenant of the property falling in the category of disinvested hotel property. Petitioner, in no way, can compel respondent No.2 to convert their leasehold rights into freehold in the disinvested hotel and the land underneath. Respondent No.2 is well within its right to deny freehold conversion to the petitioner. Petition dismissed.
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